Dhaneshar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42354 of 2015 Arising Out of PS.Case No. -7 Year- 1980 Thana -GAYA MUFFSIL District- GAYA ====================================================== Dhaneshar Yadav S/o Somar Yadav Resident of village Manjhauli, P.S. Tainkuppa (Wazirganj), District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2015 Learned counsel for the petitioner is permitted to make necessary corrections in the prayer portion of the bail petition during the course of the day.

Heard both sides.

The petitioner seeks bail in a case under Section 395 of the Indian Penal Code.

The petitioner was granted bail by the learned court below and the case was committed to the Court of Sessions on 02.07.1981. Thereafter, the petitioner did not appear. It is submitted that the petitioner never received any summons and there is no execution report of either bailable warrant of arrest or non-bailable warrant of arrest. Even the execution report of attachment under Sections 82 and 83 of the Code of Criminal Procedure is not on record. The petitioner is in jail since

Patna High Court Cr.Misc. No.42354 of 2015 (2) dt.16-09-2015 2/2 23.06.2015.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Assistant Sessions Judge II, Gaya in Moffasil P.S. Case No. 07 of 1980, corresponding to Sessions Trial No. 39 of 1985. (Prabhat Kumar Jha, J) Dilip/- U T