Md. Arshad @ Shadab @ Arshad D @ Shahdab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71677 of 2022 Arising Out of PS. Case No.-886 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Arshad @ Shadab @ Arshad D @ Shahdab Son of Md. Akil R/O Village - Ishopur Pani Tanki, P.S.- Phulwarisharif, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rina Sinha, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner submits that vide order dated 09.11.2022, the bail petition of the petitioner was rejected providing liberty that he may renew his prayer for bail 2 months after framing of charge.

Learned counsel for the petitioner submits that prior to arguments, the charge was already been framed on 24.05.2022 in this case against the petitioner. But due to miscommunication by the client, counsel for the petitioner could not place this fact before the Court.

Two months has already been lapsed from the date of framing of charge.

In this view of the matter, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.71677 of 2022(2) dt.21-12-2022 2/2 each to the satisfaction of learned Additional Session Judge - XXIV, Patna in connection with Special Case No. 155 of 2021 arising out of Phulwarisharif P.S. Case No. 886 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T