IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27271 of 2010
Indal Sah, son of Late Ghanshyam Sah,
resident of Village Athpahara, P.S. Dhoraiya,
District
Banka..............................................................................Petitioner
Versus
The State Of Bihar.......................................Opposite Party
With
Cr.Misc. No.22382 of 2010
Sheikh Hamid @ Md. Hamid, son of Safruddin,
resident of village Atpahra, P.S. Dhuraiya,
District Banka..............................................Petitioner
Versus
The State of Bihar...............................Opposite Party
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2 03.11.2010 Heard learned counsels for the
petitioners as well as learned counsel for
the State.
Petitioners are facing trial under
Section 302 read with Section 34 of the
Indian Penal Code in Sessions Trial No.24 of
2009 and Sessions trial No.371 of 2009
pending in the court of the Additional
District & Sessions Judge (Fast Track Court
No.IV), Banka.
Bail applications of the petitioners
were earlier rejected by this Court in the
view of the fact that informant and his
daughter had claimed to be eye-witnesses of
firing done by the petitioners on the
deceased i.e. wife of the informant. Trial
court was also directed to expedite the
trial. Trial having not been concluded,
2
petitioners have renewed their prayer for
bail.
A report was called for in the second
case from the trial court with regard to the
steps taken towards disposal of the trial.
Report has been received from which it
appears that out of 13 witnesses, cited as
charge sheet witnesses, 9 have been examined
and they have been declared hostile.
Repeated steps have been taken by the trial
court for appearance of the informant and
his daughter, eye-witnesses, but till now
they have not appeared to depose in the
trial. Petitioners were taken into custody
on 04.09.2008 and 28.12.2008, respectively
and since then they are in jail.
In the circumstances, if the informant and his daughter do not appear in the trial on the next date for recording their evidence, the trial court i.e.
Additional Sessions Judge, F.T.C. IV, Banka
shall release petitioners of both these
applications, namely, Indal Sah and Sheikh
Hamid alias Md. Hamid, on bail on furnishing
bail bonds of Rs.10,000/- (Rupees ten
thousand) each with two sureties of the like
3
amount each to its satisfaction in Sessions
Trial No.24 of 2009 and Sessions Trial
No.371 of 2009 arising out of Dhoraiya P.S.
case No.56/2008 with conditions as laid
down in sub-section (3) of Section 437 of
the Code of Criminal Procedure as may be
applicable and also that one of the bailors
shall be a close relation of the
petitioners. In case of breach of any of the
conditions at any stage to the satisfaction
of the concerned court below, it shall be at
liberty to cancel the bail of the
petitioners and take steps for their arrest.
(J. N. Singh, J.)
BT