Shailesh Giri @ Shailendra Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63504 of 2017 Arising Out of PS. Case No. -36 Year- 1998 Thana -GARKHA District- SARAN ====================================================== Shailesh Giri @ Shailendra Giri, Son of Janak Giri, R/o Village- Paharpur, P.S.- Garkha, District- Chapra (Saran).
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody since 09.07.2017 in connection with Garkha P.S. Case No. 36 of 1998 for the offence under Sections 341, 323, 353, 307, 379/34 of the Indian Penal Code.
Earlier the petitioner was granted bail, way back in the year 1998. He participated in the trial for 11 longs years and thereafter his bail bonds were cancelled on account of lack of Pairvi on his behalf.
Mr. Ashok Kumar Mishra, counsel appearing on behalf of the petitioner submits that on merit the petitioner was granted bail earlier and, as such, this Court should consider the case for grant of bail.
In view of the fact that the petitioner has remained
Patna High Court Cr.Misc. No.63504 of 2017 (2) dt.10-01-2018 2/2 in custody for nearly six months and also the fact that earlier the petitioner was granted bail on merit and only because of lack of Pairvi, his bail bond was cancelled, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, FTC-II, Chapra, Saran in connection with S.T. No. 26 of 2006 / 298 of 2017, arising out of Garkha P.S. case no. 36 of 1998 with the condition that the petitioner will extend full co-operation in the trial and in the event he does not appear in court on two consecutive dates, the trial court shall be at liberty to take coercive steps including cancellation of bail bonds to ensure his presence in the trial.
(Anil Kumar Upadhyay, J) Uday/- U T