Patna High CourtCR. MISC./16627/2017bail granted

Md. Guddu Alam @ Md. Guddu v. The State Of Bihar

2017-04-26Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16627 of 2017 Arising Out of PS.Case No. -309 Year- 2015 Thana -BARACHATTI District- GAYA ====================================================== Md. Guddu Alam @ Md. Guddu, Son of Md. Ajim @ Ajim Mian, Resident of Gajragarh, P.S.-Barachatti, District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nikhilesh Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for bail which was earlier twice rejected by order dated 05.04.2016 and 16.11.2016 passed in Cr. Misc. No. 5848 of 2016 and 48632 of 2016, on the ground that the petitioner is suffering in custody since 11.08.2015, he has not been put on the test identification parade, nothing has been recovered from his conscious possession, other co-accused have already been allowed bail, the trial has not been concluded within four months as per the order dated 16.11.2016 and the petitioner was given liberty to renew his prayer for bail.

The learned A.P.P. fairly submits that the trial has not

Patna High Court Cr.Misc. No.16627 of 2017 (2) dt.26-04-2017 2/2 been concluded and up till now no prosecution witness has been examined.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Narendra Pal Singh, J.M.1st Class, Sherghati, Gaya in Barachatti P.S. Case No. 309 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T