Patna High CourtCR. MISC./19775/2015dismissed

Vijay Singh v. The State Of Bihar

2015-06-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19775 of 2015 Arising Out of P.S. Case No. -177 Year- 1998 Thana -GOGRI District- KHAGARIA ====================================================== Vijay Singh son of Ramchandra, Resident of village- Maheshkhut, Babu Tola, Police Station- Maheshkhut, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2015 Heard both sides.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code.

It is submitted that the petitioner was granted bail but he could not appear and, therefore, his bail bond was cancelled. The petitioner was taken into custody on 28.01.2005 in connection with K. Nagar P.S. Case No. 141/2004. The petitioner was released on bail on 13.03.2014 and thereafter the petitioner surrender in the court on 07.01.2015 and since then he is in jail. It appears from perusal of the record that the petitioner did not appear in court after being granted bail in the present case. Consequently, his bail bond was cancelled on 27.07.1999. The aforesaid K. Nagar P.S. Case was registered in the year 2004. Even before being arrested in K. Nagar P.S. Case No. 141/2004,

Patna High Court Cr.Misc. No.19775 of 2015 (2) dt.17-06-2015 2/2 the petitioner had misused the privilege of bail for more than five years. The petitioner did not even inform the court of his being arrested in K. Nagar P.S. Case No. 141/2004. It appears that the petitioner has grossly misused the privilege of bail, on account of which, the trial was put at halt.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within four months from the date of receipt/production of copy of this order.

(Prabhat Kumar Jha, J) Dilip/- U T