Md. Rasool Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81849 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== MD. RASOOL SHEIKH Son of Md. Safi Ahmad Sheikh @ Shafi Shekh Resident of Village - Khap Khopraha, P.S.- Kanhauli, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-05-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 307 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. There is general and omnibus allegation of firing which caused injury to the informant. The petitioner is in custody since 05.04.2019. The doctor has found fire arm injury on the fore arm, knee, left side of pelvis as well as elbow joint of the informant. Investigation of the case is already complete. Considering the period already undergone by the petitioner and no chance of conclusion of trial in near future due to ongoing lock-down as well as the fact that there is no material

Patna High Court CR. MISC. No.81849 of 2019(3) dt.27-05-2020 2/2 to substantiate that in the event of grant of bail, the petitioner would hamper the trial or tamper with the evidence, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (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 Bathnaha P.S. Case No. 13 of 2019 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The petitioner shall not leave the country without permission of the trial Court.

If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) mantreshwar/- U