Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1431 of 2023 Arising Out of PS. Case No.-432 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== AFTAB ALAM Son of Jokhu Dewan @ Sabir Devan Resident of VillageSiswa Tola Amwa, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 327, 307, 120B and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that this is the second attempt of the petitioner seek bail, as earlier, by order dated 30.03.2022 in Cr. Misc. No. 63893 of 2021, his bail application was rejected, it is next submitted that the petitioner is in custody since 27.07.2021 and charges have been framed on 14.07.2022, it is next submitted that despite framing of charges, not a single witness, till 7th December, 2022, was examined. It is next submitted that the petitioner will not abscond, rather, will

Patna High Court CR. MISC. No.1431 of 2023(2) dt.11-01-2023 2/2 cooperate in the trial.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Turkauliya P.S. Case No. 432 of 2021.

Further, if the learned court below comes to a conclusion that, after release, the petitioner is trying to delay the trial, the court below shall forthwith cancel his bail bonds after recording reasons and will take all coercive steps to ensure that the petitioner is behind the bars.

(Satyavrat Verma, J) HarshPandey/- U T