Patna High CourtCR. MISC./46184/2014bail granted

Brij Giri And ANR v. The State Of Bihar

2015-03-03Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 46184 of 2014 Arising Out of PS.Case No. -108 Year- 1990 Thana -GOVINDGANJ District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Brij Giri

2. Shyamdeo Giri @ Shyam Deo Both Sons of late Shivpujan Giri, Both are resident of Village- Chatiya Tola Mathiya P.S. Malahi ( Govindganj) District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3.

03.03.2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in Govindganj P.S.

Case No. 108 of 1990 dated 13.09.1990 instituted under Sections 147/323/379/420/467/468/504 of the Indian Penal Code.

Learned counsel for the petitioners submits that they were granted bail in the case but being poor labourers, they had gone out to earn their livelihood and it appears that due to same communication gap, no 'pairvy' was made in the case due to which their bail bonds have been cancelled on 12.08.2013. It is submitted that the petitioners are in custody since 13.08.2014 despite there being no willful laches on their part.

Patna High Court Cr.Misc. No.46184 of 2014 (3) dt.03-03-2015 2/2 Learned A.P.P. does not dispute the aforesaid position.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J., 1st, Motihari, East Champaran in Govindganj P.S. Case No. 108 of 1990. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of their bail bonds. (Ahsanuddin Amanullah, J.) P. Kumar U T