Dholan Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19345 of 2017 Arising Out of PS.Case No. -3 Year- 2001 Thana -KHUSRUPUR District- PATNA ====================================================== Dholan Sao S/o Late Ram Chandra Sao Resident of Village - Govindpur, P.S. - Fatuha, District - Patna.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case, initially, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and subsequently, Sections 396/411 of the Indian Penal Code were also added.
Earlier the prayer for bail of the petitioner was rejected by this court taking note of his previous conduct as the present case was lodged in the year 2001 but he could be remanded in this case on 09.05.2016 i.e. after 15 years of the occurrence.
It is obvious from perusal of the first information report that the present case was lodged against unknown person
Patna High Court Cr.Misc. No.19345 of 2017 (2) dt.21-06-2017 2/2 and the impugned order goes to show that name of petitioner came in confessional statement of co-accused and it appears from the impugned order that except confessional statement of co-accused, there appears to be nothing against the petitioner. Moreover, charge against the petitioner has already been framed. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Patna City in connection with Sessions Trial No. 758 of 2001 arising out of Khusrupur P.S. Case No.
03 of 2001, subject to condition that one of the sureties must be close relative of the petitioner and furthermore, petitioner shall attend the trial court on each and every date in person for the period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on three consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T