Patna High CourtCR. MISC./80795/2019bail granted

Md. Tamanna Hussain @ Md. Tamanna v. The State Of Bihar

2020-02-19Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80795 of 2019 Arising Out of PS. Case No.-614 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== MD. TAMANNA HUSSAIN @ MD. TAMANNA, S/o Late Mujibur Rahman, R/o Mohalla- Panchmahala, P.S.- Jehanabad, District- Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 326(A), 307, 120(B) and 302 of the Indian Penal Code. Earlier the prayer for bail of the petitioner was rejected vide order dated 22.03.2018 passed in Cr. Misc. No. 6897 of 2018 and 30.11.2018 in Cr. Misc. No. 58471 of 2018 with a direction to the trial court to expedite the trial within a period of one year. Petitioner is in custody since 18.09.2017 having no criminal antecedent.

Allegation against petitioner and co-accused is that they caused burn injury by throwing acid on the person of informant (deceased) while she was sleeping along with her

Patna High Court CR. MISC. No.80795 of 2019(2) dt.19-02-2020 2/2 children. Land dispute is the reason behind the occurrence. Considering the aforesaid facts and circumstances of the case and the observation made in order dated 30.11.2018 passed in Cr. Misc. No. 58471 of 2018, petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction where the case is pending in connection with Jehanabad P.S. Case No. 614 of 2017 with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T