Patna High CourtCR. MISC./51625/2016bail granted

Md. Chhotu @ Sonu v. The State Of Bihar

2016-12-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51625 of 2016 Arising Out of PS.Case No. -178 Year- 2014 Thana -JAMALPUR District- MUNGER ======================================================

1. Md. Chhotu @ Sonu S/O Late Md. Nasim resident of Village- Gulzar Pokhar, Ghasiyar Muhalla P.S. Kotwali District Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Choudhary For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-12-0201 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 13.05.2016 passed in Criminal Misc. No. 14074 of 2016, on the ground that the petitioner is suffering in custody since 08.01.2015, he is not named in the F.I.R., the alleged identification by the informant is not in accordance with law, more over on the basis of single identification nothing has been recovered from his possession and the trial has not been concluded within the stipulated period. The learned A.P.P. submits that in the test identification parade the informant has identified the petitioner. In the facts and circumstances stated above,

Patna High Court Cr.Misc. No.51625 of 2016 (2) dt.06-12-0201 2/2 considering the detention of the petitioner and further that in near future the trial is not likely to be concluded and as such now the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned A.D.J. III Munger in connection with Jamalpur P.S. Case No. 178 of 2014, G.R. No. 2590 of 2014, S.T. No. 81 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) siddharth/- U T