Vijay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16616 of 2020 Arising Out of PS. Case No.-17 Year-2000 Thana- GADHPURA District- Begusarai ============================================== VIJAY SAHNI Son of Late Devu Sahani Resident of Village - Singhia ghat, P.S.- Bibhutipur, Distt - Samastipur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Pancha Nand Pandit ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 394/2000 arising out of Garhpura P.S. Case No. 17/2000 dated 11.04.2000 registered for the offences under Sections 353, 307/34 of the Indian Penal Code. The petitioner was granted bail several years ago but he misused the privilege of bail. The petitioner remained absconding for about 19 years and presently, he is in custody since 06.01.2020. An explanation has been offered by the petitioner regarding his non -appearance in the Trial for such a long period.

However, regard being had to the nature of

Patna High Court CR. MISC. No.16616 of 2020(2) dt.02-06-2020 2/2 accusation against the petitioner, his status as well as his period of custody, he is directed to be released on bail on furnishing his bail bonds to the satisfaction of learned Additional District and Sessions Judge -XIV, Begusarai in connection with Sessions Trial No. 394/2000 arising out of Garhpura P.S. Case No. 17/2000 but with conditions that the petitioner shall participate in the trial proceedings on all dates without fail and one of the bailors of the petitioner shall be his close relative.

At the time of grant of bail, the Trial Court shall insist for an undertaking to be filed by the petitioner as also by the bailor that the petitioner shall not abscond. If the petitioner does not participate in the trial proceedings on two consecutive occasions without obtaining prior permission of the court, the Trial Court shall proceed for cancellation of his bail straightaway.

With the aforesaid observation and direction, the petition stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T