Tribhuwan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13446 of 2017 Arising Out of PS.Case No. -21 Year- 1994 Thana -SUPAUL District- SUPAUL ====================================================== Tribhuwan Yadav, S/o Late Sitaram Yadav, Resident of VillageLakhanipatti, P.S.-Supaul, District-Supaul .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Supaul P.S.Case No. 21 of 1994 registered for the offences punishable under Sections 147, 149, 341, 323, 447 and 379 of the Indian Penal Code.

This is a case of misuse of privilege of bail. It has been submitted on behalf of the petitioner that the case is of the year 1994 and on 17.1.2012 his bail bond has been cancelled because he went outside Bihar for earning his livelihood and he has been arrested on 21.8.2016 and since then he is in custody. It has also been submitted that charge has not been framed.

Heard learned APP also.

Having heard both sides and considering the fact that petitioner is in custody for about nine months, let the petitioner, named above, be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.13446 of 2017 (4) dt.08-05-2017 2/2 Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Supaul, in connection with Supaul P.S.Case No. 21 of 1994, G.R.No. 53 of 1994, subject to the conditions that :- (i) The bailors of the petitioner should be his close relatives having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason and without permission of court, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U