Aslam @ Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10076 of 2018 Arising Out of PS.Case No. -345 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Aslam @ Md. Aslam S/o Late Ashfaque, R/o Village- Matiari, P.S.- Jokihat, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2018 Earlier prayer for bail of the petitioner was rejected vide order dated 20.04.2017 passed in Cr. Misc. No. 13921 of 2017 with direction to the trial court to conclude the trial within a period of nine months.

Submission of learned counsel for the petitioner that the present bail application has been renewed on the ground that in spite of direction of this Court there is no substantial progress in case and petitioner has been languishing in judicial custody since 21.12.2016 and his name has surfaced in this case only on the basis of confessional statement of co-accused and there is nothing against him and he is ready to abide by any condition imposed on him for grant of bail.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the period of custody, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.10076 of 2018 (2) dt.28-02-2018 2/2 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -VI, Araria, in connection with Jokihat P.S. Case No. 345 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T