IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.3172 of 2011
Md. Kalim son of Md. Baish, Resident of village- Khairba Lahladpur, P.S.
Madhuwan, District- East Champaran, at present resident of village-
Chapaith, P.S. Goraul, District- Vaishali.
... Petitioner
Versus
The State Of Bihar..... Opposite Party
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2 10.08.2011 Petitioner is an accused under Section 392 of the
Indian Penal Code in Vaishali P.S. Case No. 302 of 2009.
Role of the petitioner had appeared during the course
of investigation and on confessional statement. Petitioner was
even identified in a test identification parade conducted but
contention of the learned counsel for the petitioner is that since
the last rejection some other accused persons have been enlarged
on bail. Petitioner has remained in custody since 13.2.2010 and
the matter should be reconsidered, taking into consideration the
time frame as well as the fact that the trial has not proceeded as
such.
He contends that he is willing to co-operate in the trial
and will not abscond in any manner nor he will interfere with the
course of trial by creating any kind of impediment.
Let the petitioner be enlarged on bail on furnishing
bail bond of Rs. 30,000/- (thirty thousand) with two sureties of
the like amount each to the satisfaction of Subir Kumar, Judicial
Magistrate, 1st Class, Vaishali at Hazipur in connection with
Vaishali P.S. Case No. 302 of 2009, Trial No. 2604 of 2010 with
condition that one of the surety will be executed by a local
2
elected representative where the case has been instituted and the
other surety will be executed by one Md. Naseem, son of Late
Md. Baish who is stated to be the own brother of the petitioner.
The Trial Court shall verify the authenticity of the identity of the
brother of the petitioner before enlarging him on bail in this
regard.
Petitioner has an obligation to appear before the trial
court either through himself or his counsel without any failure
on each and every date and if he does not comply with the
directions and the conditions, and if the court feels that the
conduct of the petitioner is coming in the way of smooth trial of
the case, the Court below may have freedom to take away the
privilege of bail granted to him.
( Ajay Kumar Tripathi, J.)
Md. Ibrarul