Ram Babu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.16180 of 2015 (5) dt.09-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16180 of 2015 Arising Out of PS.Case No. -41 Year- 1993 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Ram Babu Singh son of Late Jiwandhari Singh, resident of VillageIchari, P.S.- Ayer in the district of Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s Mr. Suman Kri.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 09.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 29.8.2014 and it appears that earlier petitioner and several co-accused were granted bail but subsequently, their bail bonds were cancelled by this court some time in the year 1995 and after that petitioner did not appear before trial court, though some co-accused surrendered before trial court on different dates and they were granted privilege of bail by different orders by trial court itself.

The report of the learned court below reveals that some coaccused were granted privilege of bail on different dates of the year 2014 by different Presiding officers. Furthermore, report of learned trial court reveals that trial of the petitioner has already been separated.

Considering the above stated facts and circumstances as

Patna High Court Cr.Misc. No.16180 of 2015 (5) dt.09-09-2015 well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge V, Bhojpur at Ara in Sessions Trial no. 245/1996 arising out of Jagdishpur (Ayer) P.S. Case no. 41/1993 subject to the conditions that one of the sureties must be close relative of the petitioner who shall swear an affidavit disclosing this fact as to how he is related with the petitioner and furthermore, petitioner shall attend the learned trial court in person on each and every date for the period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after making proper enquiry.

shahid (Hemant Kumar Srivastava,J) U T