Amirul @ Amirul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6341 of 2020 Arising Out of PS. Case No.-209 Year-2017 Thana- PHULWARIYA District- Gopalganj ====================================================== AMIRUL @ AMIRUL HAQUE Son of Ali Akhtar @ Sheo Alu Akhatar @ Shekh Ali Akhtar @ Akhtar Miyan Resident of Village - Sawanahi Jagdish, P.S.- Gopalpur , District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan, Advocate.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2020 This matter has been taken up in virtual Court. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 302, 201 and 120(B) of the Indian Penal Code.

Petitioner is in custody since 05.01.2018.

Allegation is that with the help of his paramour, petitioner committed murder of the husband of his paramour. Submission is that there is no direct evidence against the petitioner except suspicion. In the past, prayer for bail was refused vide order dated 16.08.2018 passed in Cr. Misc. No. 35359 of 2018.

Report of the trial Judge would reveal that there is no

Patna High Court CR. MISC. No.6341 of 2020(4) dt.09-10-2020 2/2 chance of conclusion of the trial unless normalcy is restored after pandemic effect.

Considering the aforesaid facts, 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 Session Trial No. 569 of 2018 arising out of Phulwaria P.S. Case No. 209 of 2017, 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 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.

(Birendra Kumar, J) mantreshwar/- U T