Rohit @ Lelhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40045 of 2014 Arising out of P.S. Case No. -623 Year- 2013 Thana -Katihar District- Katihar =================================================== Rohit @ Lelhu Son of Kailash Mandal Resident of Mohalla - Hariganj Chowk, Koriya Tola, P.S. - Katihar, Dist.- Katihar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 25-02-2015 Owing to call of Co-ordination Committee to abstain Court's work, none turned up on behalf of the parties.

This application has been filed for the grant of regular bail to the petitioner who has been made an accused in a case registered for the offences punishable under Sections 363/366(A) of the Indian Penal Code.

Perused the record.

Taking into consideration the peculiar circumstances of the case, I find it proper to dispose of this Bail Application.

Initially, vide order dated 2nd May, 2014, passed in Cr. Misc. No. 8376/2014, the petitioner's prayer under Section 438 of the Code of Criminal Procedure was allowed, but, for some unavoidable circumstance he failed to avail the privilege within stipulated period.

A prayer was made by filing Cr. Misc.

No. 32392/2014 for extension of the period to avail the privilege, it was extended till 27th August, 2014, conditionally vide order dated 7th August, 2014, but,

Patna High Court Cr.Misc. No.40045 of 2014 (5) dt.25-02-2015 as appears from the contents of the Bail Application, he failed to avail due to poverty and other unavoidable circumstance, and for such lapses (non-deposit of Rs. 8000/- with District Legal Services Authority, Katihar), petitioner is in custody since 20th August, 2014 i.e. for about six months. This compelled me to order for his release on bail. From para -3 of the instant application, it appears petitioner carries no criminal antecedent.

If, it is so, having regard to the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Katihar Town P.S. Case No.

623/2013, with a condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

Rajeev/- (Akhilesh Chandra, J,) U T