Rakesh Kumar @ Dinesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.11605 of 2016 (3) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11605 of 2016 Arising Out of PS.Case No. -263 Year- 1998 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Rakesh Kumar @ Dinesh Singh son of Shiv Deah Singh, resident of Village- Anwan, P.S.- Kako, District- Jehanabad..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

Earlier the petitioner was on bail but after commitment of the case he did not appear in the Sessions Court, resulting, vide order dated 15.04.2015 he was declared absconder and on the basis of permanent warrant of arrest he was arrested and has been remanded in this case and is in custody since 29.10.2015. Submission is that after commitment of the case no date was given to the petitioner for his appearance and in spite of his best efforts the case was not traced out, resulting, the petitioner did not appear, the petitioner was in custody in another case at Sherghatti and though production warrant was issued but he was not produced, the petitioner has not delayed in appearing in the court intentionally and as such he deserves sympathetic consideration. From the report of learned trial court also it does

Patna High Court Cr.Misc. No.11605 of 2016 (3) dt.29-04-2016 not reveal that against the petitioner there is any service report of summons or execution report. Charges have already been framed and petitioner undertakes not to misuse the privilege of bail in future.

Learned APP opposes the prayer of bail by submitting that the petitioner remained absent since long.

In the facts and circumstances stated above, considering the period of detention now, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Jehanabad in Sessions Trial No. 261 of 2008 / 127 of 2015 arising out of Jehanabad P.S. Case No. 263 of 1998, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T