Patna High CourtCR. MISC./35183/2016bail granted

Nurain Miya v. The State Of Bihar

2016-11-30Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35183 of 2016 Arising Out of PS.Case No. -85 Year- 2014 Thana -JAMOBAZAR District- SIWAN ====================================================== Nurain Miya Son of late Aziz Miya Resident of Village Bhojpurwan P.S. Manjhgarh, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mrs. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-11-2016 Heard Sri Raghav Prasad, learned counsel for the petitioner and learned Additional Public Prosecutor. This is the second attempt for grant of bail on behalf of the petitioner in Jamo Bazar P.S. Case No. 85 of 2014 registered for the offence under section 25 (1-b) A, 26, 35 of the Arms Act. It was submitted by learned counsel for the petitioner that petitioner is languishing in jail in this case since 3.9.2014. Earlier , report was called for from the court below regarding stage of the case which has been received and kept on record. The report suggests that till date charge has not been framed . Earlier prayer for bail of the petitioner was rejected mainly on the ground that he was accused in number of cases relating to serious offences. However by way of filing supplementary affidavit it has

Patna High Court Cr.Misc. No.35183 of 2016 (4) dt.30-11-2016 2/2 been indicated that in all other cases petitioner has already been granted bail.

Accordingly keeping in view the period of custody as well as the fact that in other cases he has already been enlarged on bail and the fact that till date even charge has not been framed, let the petitioner Nurain Miya be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate X, Siwan / concerned court in connection with Jamo Bazar P.S. Case No. 85 of 2014. (Rakesh Kumar, J) Praful/- U T