Uday Singh @ Bhikha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19534 of 2016 Arising Out of PS.Case No. -245 Year- 2012 Thana -SHEKHPURA District- SEKHPURA ====================================================== Uday Singh @ Bhikha Singh, S/o Late Ramchandra Singh, R/o VillageSirari, P.S. Sheikhpura (Sirari O.P) District Sheikhpura. .... .... 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 RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 05-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sheikhpura P.S. Case No.245 of 2012(G.R. No.615/127 and T.R. No.197/14) registered under Sections 341, 323, 448, 379, 307 and 504/34 of the Indian Penal Code besides Section 27 of the Arms Act.

This is a case of misuse of privilege of bail by the petitioner and three other accused of one day on 08.04.2016 on which date the attendance of the witness was filed.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner has not intentionally misused the privilege of bail as due to some unavoidable circumstance, he could not appear in the court while on that date the attendance of one witness was filed,

Patna High Court Cr.Misc. No.19534 of 2016 (2) dt.05-05-2016 2/2 who could not be examined. The petitioner has surrendered in the court below on 12.04.2016 and since then he is in jail custody. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Sheikhpura, in connection with Sheikhpura P.S. Case No.245 of 2012 (G.R. No.615/127 and T.R. No.197/14). Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner.

The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the court on each and every date during the course of the trial. If the petitioner fails to remain present during the course of trial in the court below on two consecutive dates without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bond of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T