Ramanand Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28735 of 2018 Arising Out of PS.Case No. -118 Year- 2010 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramanand Patel, Son of Ajit Patel, Resident of Village- Sihorwa, Police Station- Raxaul, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is an application for bail in a case of misuse.

The petitioner is an accused in a case registered for the offences punishable under Sections 386, 427/34 of the Indian Penal Code and Sections 3/4 of Explosive Substances Act, who was granted bail by this Court vide order dated 01.02.2012 passed in Cr. Misc. No. 1782 of 2012 since his name sprang up in the confession of co-accused Nek Mohammad. Moreover, no injury was caused to anyone nor

Patna High Court Cr.Misc. No.28735 of 2018 (2) dt.20-06-2018 payment was made in pursuance to the extortion demand, hence, considering the period of custody, the petitioner was granted bail, but considering the serious criminal antecedent of the petitioner, the learned Court below was directed to cancel the bail bonds of the petitioner, if he defaults for three consecutive occasions or gets involved in similar nature of offence. It appears that learned Court below cancelled the bail bonds of the petitioner vide order dated 02.04.2013 in view of the liberty given to the learned Court below by this Court since the petitioner failed to appear.

It is submitted by learned counsel for the petitioner that since the petitioner was arrested in another case which was registered prior to the present case hence, he could not appear, but now he will regularly appear before the learned Court below. At present the petitioner is languishing in custody since 14.03.2018.

Considering the fact that the petitioner was earlier granted bail considering the merit of the case and for making default he has remained in custody for more than three months, let the above named 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 learned

Patna High Court Cr.Misc. No.28735 of 2018 (2) dt.20-06-2018 F.T.C.-I, Motihari in connection with Sessions Trial No. 331 of 2011 arising out of Raxaul P.S. Case No. 118 of 2010. (Dinesh Kumar Singh, J) DKS/- U T