Patna High CourtCR. MISC./52953/2015bail granted

Yogendra Bishwas And ANR v. The State Of Bihar

2015-12-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52953 of 2015 Arising Out of PS.Case No. -44 Year- 1994 Thana -PALASI District- ARRARIA ======================================================

1. Yogendra Bishwas Son of Prithiwi Lal Bishwas Resident of Belghachi, P.S.- Palasi, District- Araria

2. Sri Das @ Shree Das Son of Late Luta N. Das Resident of Belghachi, P.S.- Palasi, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat(Spl .A P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-12-2015 Heard Sri Ajit Kumar Singh, learned counsel for the petitioners and learned A.P.P.

The petitioners, who are in custody on an allegation of misuse of privilege of bail, in connection with Palasi P.S. Case No. 44 of 1994 (SGR 452 of 1994) have prayed for grant of bail. Petitioner no. 1 is in custody since 6.8.2015 and petitioner no. 2 is in custody since 7.9.2015. It was submitted that petitioners were earlier granted bail in the year 1995 and thereafter they participated in the proceeding but since certain developments had taken place due to the reason that incorrect commitment order had been passed and matter was remitted back to different courts the petitioners failed to observe the track of the

Patna High Court Cr.Misc. No.52953 of 2015 (2) dt.15-12-2015 2/2 case and as such their bail bond was cancelled in the year 2008. Subsequently the petitioners were taken into custody. In view of the fact that it is a case of misuse of privilege of bail as well as the fact that the case was instituted long back, the court proposes to enlarge both the petitioners on bail.

Let both the petitioners Yogendra Bishwas and Sri Das @ Shree Das be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Araria in connection with Palasi P.S. Case No. 44 of 1994 (SGR 452 of 1994).

(Rakesh Kumar, J) Praful/- U T