Ram Babu Mahto @ Ram Babu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28703 of 2015 Arising Out of PS.Case No. -92 Year- 2001 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Ram Babu Mahto @ Ram Babu Singh Son of Late Vasudeo Mahto Resident of Village - Bhisa Koriyahi, P.S. - Dumra, District - Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It appears that it is a case of misuse of privilege of bail but I find from perusal of impugned order that the case of the petitioner was committed to the court of Sessions in the year 2003 and after commitment petitioner did not appear before the Sessions court and subsequently, he was declared absconder on 11.09.2006. However, petitioner could be remanded in the case on 17.04.2015.
There is nothing in the impugned order to show that after commitment any process was ever served upon the petitioner or not.
Considering the aforesaid facts and circumstances as
Patna High Court Cr.Misc. No.28703 of 2015 (2) dt.07-08-2015 2/2 well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ad hoc Additional Sessions Judge-I, Sitamarhi in connection with Sessions Trial No. 237 of 2003 arising out of Sitamarhi P.S. Case No. 92 of 2001, subject to condition that he shall attend the trial court on each and every date in person for the period of one year or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T