Patna High CourtCR. MISC./44042/2017bail granted

Kashim Mian @ Kasim Mian v. The State Of Bihar

2018-02-28Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 44042 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -BHADWAR District- GAYA ====================================================== Kashim Mian @ Kasim Mian, Son of Late Rojid Mian, Resident of VillageNarayanpur, Police Station- Maigra, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Abhay Kumar Thakur, Advocate For the S t a t e : Mr Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 341, 323, 307, 448, 504/34 of Indian Penal Code. It is submitted by the learned counsel for the petitioner that vide order dated 22.11.2016 passed in Cr Misc No 46679 of 2016, this Court had observed that the petitioner shall have liberty to renew his prayer for bail after five months before the Court below. He submits that the said order had been passed considering the case of the petitioner and on the merits of the application, the observation had been made for moving an application after five months. The application filed in compliance of the said observations has been rejected on 24.07.2017 and,

Patna High Court Cr.Misc. No.44042 of 2017 (4) dt.28-02-2018 2/2 therefore, he has filed the instant application. Considering his aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Sherghati, District - Gaya in Bhadwar Police Case No 17 of 2016 dated 05.08.2016 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T