Arun Kumar @ Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55528 of 2015 Arising Out of PS.Case No. -114 Year- 1992 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Arun Kumar @ Arun Singh Son of Late Ram Bilash Singh, resident of village- Telia P.S. Raja Pakar, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Murli Dhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Hazipur Sadar P.S. Case No. 114 of 1992 registered for the offences punishable under Sections 342, 324, 326 and 307/34 of the Indian Penal Code.

The petitioner is named in the First Information Report, chargesheet was submitted and due to his absence he was declared absconder on 16.11.2002. However, the petitioner was arrested by the police and was remanded in this case on 24.08.2015.

Submission is of false implication and that the petitioner was not aware about that case and he was not summoned in this case, there is no service report, the petitioner was in custody in another case in which he was granted bail on

Patna High Court Cr.Misc. No.55528 of 2015 (4) dt.22-02-2016 2/2 22.07.2015 but he was not remanded in this case, other co-accused namely, Bishun Singh and Nanhak Paswan who were absconding in this case, have been granted bail and petitioner who is 62 years old is suffering from several diseases and is under medical treatment.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that charges have already been framed and the case is fixed for prosecution evidence, other co-accused have been allowed bail and, as such, considering the detention of the petitioner, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sri. Rajesh Kumar Pandey, Judicial Magistrate, 1st Class Vaishali at Hazipur in connection with Hazipur Sadar P.S. Case No. 114 of 1992 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T