Md Sarfaraj @ Prince @ Prince Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62656 of 2023 Arising Out of PS. Case No.-210 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Md Sarfaraj @ Prince @ Prince Raja S/O Md Ayub R/O Village- Hathsarganj, PS. Hajipur Town, Distt. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Earlier prayer for bail of the petitioner was rejected vide order dated 08.08.2022 passed in Cr. Misc. No.11395 of 2022.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected with direction to the trial Court to expedite the trial and conclude the same preferably within one year. Counsel submits that one year has already elapsed and total number of witnesses have been examined and prosecution witness is still continuing as per the report.

Patna High Court CR. MISC. No.62656 of 2023(3) dt.10-11-2023 2/3

4. Learned counsel for the State opposes the prayer for bail.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No.210/2021, subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

Patna High Court CR. MISC. No.62656 of 2023(3) dt.10-11-2023 3/3 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T