Single-judge oral order granting bail to the petitioner in an FIR involving punishable sections 363, 302, and 201 IPC, after noting the framing of chargesheet and undertaking to cooperate.
Petitioner released on bail with bonds of Rs. 10,000/- and two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16237 of 2019
Arising Out of PS. Case No.-21 Year-2018 Thana- BARHARIA District- Siwan
======================================================
MASOOM RAJA Son of Istakhar Ahmad R/o village- Lohar Patti, P.S.Thawe, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Irshad Ahmad Khan For the Opposite Party/s : Mr. Bhanu Pratap Singh ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 10-04-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 31.01.2018 in connection with Barharia P.S. Case No. 21 of 2018 registered for the offense punishable under Sections 363/302/201of the Indian Penal Code.
Earlier the prayer for bail was rejected by this Court as the petitioner had been seen to be moving about in suspicious circumstances and in view of the fact that investigation was still continuing, the prayer for bail was rejected.
Learned counsel appearing on behalf of the petitioner however submits that now the chargesheet has been framed and the petitioner has already been in custody for years and he is not having any criminal antecedent, he may be extended the
Patna High Court CR. MISC. No.16237 of 2019(2) dt.10-04-2019 2/3
privilege of bail and that he should co-operate during the course of the trial as and when required. It is further submitted that this petitioner has no enmity with the informant and on the basis of mere suspicion, he was taken into custody.
Having considered entire facts and circumstances of the case and that the petitioner undertakes to co-operate in the trial and be present at all occasions, let the petitioner above named (Masoom Raja) be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, VII, Siwan in connection with Barharia P.S. Case No. 21 of 2018, subject to the following conditions:-
(1) Father of the petitioner will be the bailor.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the
Patna High Court CR. MISC. No.16237 of 2019(2) dt.10-04-2019 3/3
investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given the framing of chargesheet and his undertakings.
Masoom Raja
The State of Bihar
Smt. Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
