Patna High CourtCR. MISC./12078/2020allowed

Jagdish Bhagat v. The State Of Bihar

2020-02-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12078 of 2020 Arising Out of PS. Case No.-90 Year-2005 Thana- MADHUBAN District- East Champaran ====================================================== JAGDISH BHAGAT S/o Late Dhari Bhagat R/o village- Bajitpur Maniapar, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr.Ansar Ul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 395,397of the Indian Penal Code, Section 27 of Arms Act and Section 17 of the C.L.A. Act. This is a case of misuse of privilege of bail. Submission is that due to laches on the part of Pairvikar of the petitioner the bail bond was cancelled. Thereafter petitioner suo motu surrendered before the learned court below. Petitioner is ready to cooperate with the trial and would not commit default in future. There is no material to substantiate that petitioner is going to tamper with the evidence or hamper the trial.

Let the petitioner, above named, be released on bail

Patna High Court CR. MISC. No.12078 of 2020(2) dt.29-02-2020 2/2 on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr.No.432 of 2019 arising out of Madhuban Police Station Case No.90 of 2005, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case as well as petitioner shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

In case the petitioner would default in future, the learned court below shall conclude the trial after keeping the petitioner in custody.

(Birendra Kumar, J) Nitesh/- U T