Patna High CourtCR. MISC./23473/2018bail granted

Md. Abaidulla @ Avaidulla @ Md. Abaidullah v. The State Of Bihar

2018-05-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23473 of 2018 Arising Out of PS.Case No. -127 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. MD. ABAIDULLA @ AVAIDULLA @ MD. ABAIDULLAH S/o Md. Gulshan @ Mr. Gulshan Dhuniyo @ Md. Gulshan Dhuniyan, R/o Vill.- Meghouna, P.S.- Allouli, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 18.5.2017 passed in Cr. Misc. No.18164/2017 with a direction to the learned trial court to conclude the trial without a period of nine months. It further appears that again the petitioner has come within a period of nine months as earlier his prayer was rejected vide order 18.5.2017 passed in Cr. Misc. No.18164/2017..

Submission of the learned counsel for the petitioner is that nine months period has already completed and there is no substantive progress in the trial. In the meantime, another coaccused having similar allegation has been granted privilege of the anticipatory bail, vide order dated 20.22.6.2017 passed in Cr.

Patna High Court Cr.Misc. No.23473 of 2018 (3) dt.02-05-2018 2/2 Misc. No.22183/2017.

Heard learned A.P.P. also.

Having heard both sides and 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 I/C Sessions Judge, Khagaria in connection with S.t.No.340 of 2017 (arising out of Khagaria (Chitragupta Nagar) P.S.Case no.127 of 2017 dated 1.3.2017, with condition that he will co-operate in disposal of the trial and will also appear as and when required by the learned court below; otherwise his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T