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Patna High CourtCR. MISC./17000/2017allowed

Saddam Ali @ Fahim Ali v. The State Of Bihar

2017-04-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17000 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -THAWE District- GOPALGANJ ====================================================== Saddam Ali @ Fahim Ali Son of Neyamat Ali, Resident of Village- Takiya Yakub, Police Station and District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 This is an application for grant of bail for offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act. Earlier prayer for bail of the petitioner was rejected vide order dated 23.12.2016 passed in Cr. Misc. no. 54097 of 2016 with an observation to renew his prayer for bail after framing of charge.

It has been submitted on behalf of the petitioner that charge has already been framed in this case and petitioner is in custody for more than seven months. It is further submitted that in other cases petitioner remains on bail.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that

Patna High Court Cr.Misc. No.17000 of 2017 (2) dt.12-04-2017 2/2 charge has already been framed in this case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-IIIrd, Gopalganj, in connection with S. Tr. No. 70 of 2017 arising out of Thawe P.S. Case no. 121 of 2016 with the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and in the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sudip/- U T