Taslim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4971 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. Taslim son of Fazir @ Faziruddin, resident of Mohiuddin Patharbasti Police Station- Kishanganj, District- Kishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. M. Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-02-2016 Heard the Counsel for the petitioner and Mr. Dayal, APP for the State.
This is repeat application for bail in Kishanganj P.S. Case No. 49 of 2015 (S.T. No. 317 of 2015(A) registered under sections 341, 323, 324, 307, 427/34 of the Indian Penal Code. His earlier attempt in Cr. Misc. No. 14860 of 2015 was considered and rejected vide order dated 22.06.2015 observing that if the trial does not record adequate progress within six months, he shall have liberty to renew prayer for bail. It is stated that the petitioner is in custody since 21st February, 2015. The order-sheet of the Trial Court [S.T. No. 317/2015(A)] has been enclosed to demonstrate that on 09.11.2015 out of two accuseds, only the petitioner was produced. The charges could not be framed and he was again sent to jail custody.
Patna High Court Cr.Misc. No.4971 of 2016 (2) dt.03-02-2016 2/2 Mr. Dayal, APP, on the other hand, submits that there is allegation of causing injury on the head of the victim. Considering the facts and circumstances of the case, this Court while declining the prayer made in the application, disposes of the application by the following order:- Let the Trial Court take steps for framing of charge of the accuseds including the petitioner. As soon as charges are framed, the Trial Court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount subject to the following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.
(ii) The petitioner shall appear in person on each and every date fixed in the trial. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) Pankaj/- U T