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Patna High CourtCR. MISC./2789/2019allowed

Md. Firoj v. The State Of Bihar

2019-01-22Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2789 of 2019 Arising Out of PS. Case No.-18 Year-2003 Thana- ANDHRATHARHI District- Madhubani ====================================================== Md. Firoj Son of Md. Isha, Resident of village-Gidarganj, P.S. Andhrathari, District-Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagnnath Singh For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Andharathari P.S. Case No. 18 of 2003 for the offences under Sections 147, 148, 149, 341, 323, 307, 427, 452, 380, 436 of the Indian Penal Code and Section 3/4 Explosive Substance Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 17.11.2018. He further submits that he has surrendered in connection with the P.S. Case No. 18 of 2003 on 17.11.2018 as the petitioner was ignorant about the pendency of the case and the fact that he was made accused in that case. The trial in the instant case being Session Trial No. 593 of 2013 has begun. Considering the fact that the case was registered in

Patna High Court Cr.Misc. No.2789 of 2019(2) dt.22-01-2019 2/2 2003 nearly 16 years have gone. Learned counsel for the petitioner submit that all the accused persons areon bail, considering the above the Court is inclined to grant bail to the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Jhanjharpur in connection with Andharathari P.S. Case No. 18 of 2003 subject to condition that the petitioner shall appear on each and every date fixed in the case. Failure on the part of the petitioner the trial Court shall be at liberty to cancel the bail bond of the petitioner and the trial Court is directed to conclude the trial positively within a period of six months from today.

(Anil Kumar Upadhyay, J) mdrashid/- U T