High Court Patna High Court - Orders

Md.Samad vs State Of Bihar on 30 March, 2011

Patna High Court – Orders
Md.Samad vs State Of Bihar on 30 March, 2011
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.41197 of 2010
MD.SAMAD son of late Sheikh Chhedi, resident of village- Mirzapur Bardah, P.S.
Muffasil (Munger), District- Munger... Petitioner.
                                      Versus
                               STATE OF BIHAR
                                     -----------

3. 30.03.2011 Heard learned counsel for the petitioner

and learned counsel for the State.

The prayer for bail of the petitioner was

earlier rejected by order dated 5.10.2009 in Cr. Misc.

No. 32893 of 2009 with an observation that the

petitioner could renew his prayer for bail after

completing one and a half year of his judicial custody.

Learned counsel appearing on behalf of the

petitioner would submit that the petitioner is in custody

since 10th April 2009 and he has already remained in

jail for nearly two years.

That being so, this Court, in keeping with the

earlier observation made in the order dated 5.10.2009,

would direct the petitioner, namely, Md. Samad to be

released on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like

amount each to the satisfaction of Additional District

& Sessions Judge, Fast Track Court No.3rd, Munger in
2

connection with Sessions Trial No. 688 of 2009, arising

out of Munger Mufassil P.S. Case No. 88 of 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.

kanchan/-                          ( Mihir Kumar Jha, J.)