Rameshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9875 of 2016 Arising Out of PS.Case No. -33 Year- 2006 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Rameshwar Yadav Son of Late Shibu Yadav Resident of Village Partarpur, Police Station Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Anil Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The alleged occurrence is said to have taken place in the year 2006 but petitioner could be arrested in this case on 06.09.2015 and since then he is in jail custody. The impugned order shows that petitioner was declared absconder by the court below vide order dated 7.06.2012 but submission on behalf of the petitioner is that petitioner is an old person aged about 75 years and, as a matter of fact, his entire family members have been roped in the present case. Moreover, petitioner undertakes to appear before the trial court on each and every date.

No doubt, petitioner is named in the first information

Patna High Court Cr.Misc. No.9875 of 2016 (2) dt.02-03-2016 2/2 report but no specific overt act has been attributed against the petitioner and other co-accused although had been convicted but have been released on bail by appellate court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional District Judge IV, Begusarai in connection with Sessions Case no. 90 of 2016 arising out of Sahebpur Kamal P.S.Case No. 33 of 2006, subject to the condition that petitioner shall attend the trial court 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 three consecutive dates without any reasonable cause being shown, the trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) N.K/- U T