Raja @ Afroj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39684 of 2017 Arising Out of PS.Case No. -488 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Raja @ Afroj son of Safique Alam @ Sakil Alam Resident of village - Darbhangiya Tola, Ward No. 11, P.S. - Forbesganj, Dist - Araia. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner seeks bail in connection with Forbesganj P.S. Case No. 488/2016, registered for the offence punishable under Section 386/34 of the Indian Penal Code.
Prayer for bail of the petitioner was earlier rejected, vide order at Annexure-1, with a direction to the trial court to expedite the trial and try to conclude the same within a period of six months and the petitioner was given liberty to move for prayer for bail if the trial is not concluded within the aforesaid period. Submission of learned counsel for the petitioner is that in spite of expiry of six months uptill now not a single witness has been examined at this stage and other accused persons have been granted bail. Name of the petitioner transpired in this case on confession of the co-accused.
Patna High Court Cr.Misc. No.39684 of 2017 (3) dt.11-10-2017 2/2 Heard learned A.P.P. also.
Having heard both sides, in view of the facts and circumstances as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Araria in connection with Forbesganj P.S. Case No. 488/2016, subject to conditions that one of the bailors should be close relative of the petitioner and another having sufficient immovable property within the jurisdiction of the court below and the petitioner will cooperate in disposal of the trial and will make himself available before the court and failure to appear on two consecutive dates without any appropriate reason will be liable for cancellation of his bail bond with further condition that he will make himself available before the police station of his area in first week of each months till conclusion of trial or for one year, so that police may watch his conduct, otherwise his bail bond shall be cancelled.
Copy of the order may be communicated to the court concerned and the S.P., Araria.
(Vinod Kumar Sinha, J.) Rakhi U T