Anil Singh @ Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11125 of 2022 Arising Out of PS. Case No.-76 Year-2006 Thana- SONO District- Jamui ====================================================== Anil Singh @ Anil Kumar Singh Son of Late Baleshwar Singh R/O VillageKewali, P.S.- Sono, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Kumar, Advocate Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sono P.S. Case No. 76 of 2006 registered for the offence under Sections 302/34 of the I.P.C.

The accused/petitioner is in custody after cancellation of bail bond, where he has been declared as absconder. Learned counsel appearing on behalf of the petitioner submitted that this is the first misuse of the petitioner. It is also submitted that due to communication gap and since the petitioner is suffering from severe depression, he failed to

Patna High Court CR. MISC. No.11125 of 2022(3) dt.30-08-2022 2/3 appear before the Court concerned, who is otherwise innocent. It is submitted that non-appearance of petitioner is neither intentional nor deliberate. It is also submitted that petitioner never received any summons and warrant issued by the Trial Court.

Learned APP, while opposing the prayer of bail, fairly conceded that this is the first misuse.

Considering the facts and circumstances as mentioned above, as impugned order is silent, over service of summons, having case of first misuse, let the petitioner, above named, is directed to be released on bail in connection with Sono P.S. Case No. 76 of 2006 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court of Learned Additional Sessions Judge-IV, Jamui/concerned court, subject to the following conditions:

"(i) Accused/Petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the

Patna High Court CR. MISC. No.11125 of 2022(3) dt.30-08-2022 3/3 petitioners duly supported by the documents.

(ii) That one of the bailors shall be Kanahiya Kumar, who is the nephew of the petitioner no.-1 and deponent of the present bail petition."

(Chandra Shekhar Jha, J) pooja/- U T