Patna High CourtCR. MISC./50803/2016bail granted

Md. Shahnawaj @ Shahnawaj Alam v. The State Of Bihar

2016-11-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50803 of 2016 Arising Out of PS.Case No. -204 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Shahnawaj @ Shahnawaj Alam Son of Kalam@ Fato Resident of Village- Mirjapur Bardah, P.S. Muffasil, District Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected by order dated 26.04.2016 passed in Cri. Misc. No. 10310 of 2016, on the ground that the petitioner is in custody since 11.01.2016 and he has no criminal antecedent, nothing has been recovered from the conscious possession of the petitioner, the motorcycle recovered, is of father of the petitioner, who is now deceased, the trial has not been concluded and up till now, charge has been framed on 28.09.2016 and one prosecution witness has been examined, resulting in near future, the trial is not likely to be concluded and as such the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.50803 of 2016 (2) dt.30-11-2016 2/2 In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-III, Munger in connection with S. T. No. 124 of 2016, arising out of Muffasil P.S. Case No.204 of 2015, subject to 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.) Amit/- U T