Asgar Ali @ Md. Asgar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7987 of 2021 Arising Out of PS. Case No.-407 Year-2015 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== ASGAR ALI @ MD. ASGAR ALI Son of Late Chhedi Alam Resident of Village - Madheli Diyara, P.S.- Alam Nagar, District - Madhepura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner seeks bail in a case for the offence registered under Section 384 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application. taking into account that the petitioner has got six criminal cases of similar nature. It has been submitted that the petitioner is in custody since 04-03-2016 i.e. for more than five years four months. There is no likelihood of the trial being concluded in near future. There

Patna High Court CR. MISC. No.7987 of 2021(3) dt.07-07-2021 2/3 is no allegation of tampering of witnesses against the petitioner. He has been made accused due to mistake of fact. There is no direct or indirect evidence against him.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, be released on bail on his personal bond to the satisfaction of learned learned Additional Chief Judicial Magistrate-IX, Bhagalpur in connection with G.R. No. 2461 of 2005/Tr. No. 181 of 2019 arising out of Kotwali (Adampur) P.S. Case No. 407 of 2015.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

It is further directed that the petitioner shall remain present on each and every date fixed by the trial court. (Sudhir Singh, J) A.K.V.//- U T

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