Qasid Enam @ Quasid Emam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41799 of 2018 Arising Out of PS.Case No. -245 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================
1. Qasid Enam @ Quasid Emam, S/o Late Enamul Haque, R/o Mohalla Kagzi, P.S.- Bihar District Nalanda presently posted as team Leader in the Accounts Section of State Food and Civil Supply Corporation, Biharsharif, Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Bihar State Food Corporation, Biharsharif (Nalanda). .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bishnu Kant Dubey For the Opposite Party/s : Mr. Sri Parmeshwar Mehta For the BSFC : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2018 Earlier prayer for bail of the petitioner was dismissed twice vide order dated 13.09.2017 passed in Cr. Misc. No. 38449 of 2017 as well as vide order dated 17.01.2018 passed in Cr. Misc. No. 1953 of 2018.
Submission of learned counsel for the petitioner that in spite of direction to conclude the trial within a period of nine months vide order dated 13.09.2017, the trial has not yet been concluded and other co-accused has been granted bail including one Animesh Gunjan Rao vide order dated 11.04.2018 passed in Cr. Misc. No. 14665 of 2018 and in his case also there was direction to conclude the trial within a period of nine months and
Patna High Court Cr.Misc. No.41799 of 2018 (3) dt.01-08-2018 2/3 further other accused persons have already been granted the privilege of anticipatory bail and petitioner has been in judicial custody since long.
Heard learned A.P.P. as well as learned counsel for the BSFC, they opposed the prayer for bail, however, they fairly acceded that other accused persons have been granted bail in this case.
Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -Ist Class, Patna, in connection with Harnaut (Chero) P.S. Case No. 245 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and
Patna High Court Cr.Misc. No.41799 of 2018 (3) dt.01-08-2018 3/3 when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T