Gulzar Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56521 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== Gulzar Miyan Son of Md. Ismail Miyan Resident of Village-Navtol, P.SPhulparas, District-Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is in custody in connection with S.T. No. 412 of 2018 arising out of Phulparas P.S. Case No.61 of 2018 for the offence under section 147, 148, 149, 341, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner would submit that this is the second attempt for bail. Firstly, the prayer for bail of the petitioner was rejected by a coordinate bench of this Court on 19.11.2018. While rejecting the prayer for bail, the Court granted liberty to the petitioner to renew his prayer for bail after nine months if the trial is not concluded within nine months. Since, the trial is not concluded within time as indicated by the court on 19.11.2018, the Court is inclined to
Patna High Court CR. MISC. No.56521 of 2019(2) dt.12-09-2019 2/2 grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ, Jhanjharpur, in connection with S.T No. 412 of 2018 arising out of Phulparas P.S. Case No. 61 of 2018 subject to the condition that one of the bailors should be elected representative of the local body and the petitioner shall extend full cooperation in conclusion of the trial and without any cogent reason, the petitioner fails to attend the court proceeding, the court below shall be at liberty to cancel the bail bond of the petitioner.
(Anil Kumar Upadhyay, J) Ravi/- U T