Patna High CourtCR. MISC./3853/2017bail granted

Md. Firoj v. The State Of Bihar

2017-02-08Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.3853 of 2017 (2) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3853 of 2017 Arising Out of PS.Case No. -31 Year- 2015 Thana -HABIBPUR District- BHAGALPUR ====================================================== Md. Firoj son of Md. Farooque, R/o village- Khilafat Nagar, Shahjangi, P.S.- Habibpur, District- Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 20.10.2016 passed in Cr. Misc. No. 18843 of 2016, on the ground that now the brother and mother of the deceased have already been examined during trial and they have not supported the prosecution version, the wife of the petitioner received burn injury at the time of cooking, the petitioner is suffering in custody since 27.04.2015 and as such he deserves sympathetic consideration.

Learned APP fairly submits that now the mother and brother of the deceased have retracted from their earlier version. 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 the like

Patna High Court Cr.Misc. No.3853 of 2017 (2) dt.08-02-2017 amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Bhagalpur in S. T. No. 452 of 2015 arising out of Habibpur P.S. Case No. 31 of 2015, subject to the conditions that one of the bailors must be a 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) avin/- U T