Patna High CourtCR. MISC./8904/2017bail granted

Salman Hussain v. The State Of Bihar

2017-03-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8904 of 2017 Arising Out of PS.Case No. -19 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Salman Hussain, Son of Jubair @ Jubair Khan, resident of Village/Mohalla- Ghoghra, P.S.- Risiup, District- Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailesh Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.01.2016 in connection with Sessions Trial No. 293 of 2016/126 of 2016 arising out of Aurangabad Muffasil P.S. Case No. 19 of 2016 for the offences alleged under Section 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)A, 26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of one pistol with one live cartridge. Co- accused Md. Shahbaz, who was also arrested along with the petitioner, has been granted bail by this Court in Cr. Misc. No. 28634 of 2016. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 24.01.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-VII, Aurangabad, in connection with Sessions Trial No. 293 of 2016/126 of 2016 arising

Patna High Court Cr.Misc. No.8904 of 2017 (2) dt.01-03-2017 2/2 out of Aurangabad Muffasil P.S. Case No. 19 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T