IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34090 of 2010
KAUSHAR ALI @ KAUSHAL ALI, son of Sk. Gaffar,
resident of village Lal Parsa, P.S. Sikta,
District West Champaran
Versus
STATE OF BIHAR
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3. 17.3.2011 Heard counsel for the petitioner
and the counsel for the State.
The prayer for bail of the
petitioner was earlier rejected by an order
dated 18.12.2009 in Cr.Misc.No. 35655/2009
giving him liberty to renew the prayer for
bail after completing his judicial custody
for a period of one year.
Counsel for the petitioner submits
that the petitioner is in custody since
27.8.2009 i.e. for more than 1½ years and
the trial has not yet begun.
From the report that has been
received from the trial court dated
15.12.2010 kept at Flag ‘A’ it appears that
the charges were framed on 12.5.2010 and yet
in the intervening period of more than seven
months not a single witness was examined by
the prosecution.
Considering the aforementioned
aspect and the earlier observations made in
the order rejecting bail of the petitioner,
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this Court is now inclined to grant bail to
the petitioner. Accordingly, the petitioner,
Kaushar Ali @ Kaushal Ali, is directed to be
released on bail on his furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand) with two
sureties of the like amount each to the
satisfaction of Addl. District Judge,
F.T.C.III, Bettiah (West Champaran) in
S.Tr.No. 11/2010 arising out of Sikta
P.S.Case No. 40.2009, subject to the
following conditions:
(i) The two bail bonds will be
furnished, one by the Government servant and
the other by a close family relative.
(ii) The petitioner will remain
present in course of trial on each and every
day and his absence even for a single day
would automatically entail the consequences
of cancellation of his bail.
(iii) The petitioner in case is now
made accused in any other criminal case,
that would itself lead to cancellation of
his bail.
Subject to the aforementioned
conditions, the prayer for bail of the
petitioner is allowed.
(Mihir Kumar Jha,J.)
Surendra/
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