Patna High CourtCR. MISC./60310/2017bail granted

Shamim Akhtar @ Shamim v. The State Of Bihar

2018-02-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60310 of 2017 Arising Out of PS.Case No. -223 Year- 2016 Thana -NANHPUR District- SITAMARHI ======================================================

1. Shamim Akhtar @ Shamim, S/o Md. Mahfooj, R/o- Islampur, P.S.- Nanpur, Distt. Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Sessions Trial No.334 of 2017, arising out of Nanpur P.S. Case No.223 of 2016, a case under Sections 363/302/201/120B of the Indian Penal Code.

The victim, son of the informant, was taken away from his house by the named accused persons. The witnesses examined under Section 161 Cr.P.C. stated that they had seen the victim accompanying with some other named accused persons. Only material against the petitioner is that due to some previous dispute the petitioner had threatened in the past that he would commit the murder of the family members of the informant.

Patna High Court Cr.Misc. No.60310 of 2017 (3) dt.08-02-2018 P2/ Petitioner is in custody since 01.06.2017.

Learned counsel for the informant opposed the prayer on the ground that the petitioner has got criminal antecedent and the trial is going on. Hence, instead of granting bail to the petitioner the trial be expedited. Considering the fact that there is no sufficient material against the petitioner for continuing him in detention as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T