Patna High CourtCR. MISC./51157/2018bail granted

Md. Sakir Miyan v. The State Of Bihar

2018-09-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51157 of 2018 Arising Out of PS.Case No. -93 Year- 1997 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) ====================================================== Md. Sakir Miyan, S/o Basir Miyan, R/o Vill.- Khirlichiya, P.S.- Raxaul, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sessions Trial No.133 of 2013 arising out of Raxaul P.S. Case No.93 of 1997 instituted for the offence under Section(s) 458, 380, 395, 397 Indian Penal Code.

It is a case of misuse of privilege of bail.

From the impugned order, it appears that bail bond of the petitioner was cancelled on 24.11.2001. He was declared absconder on 18.05.2013. Permanent Warrant of Arrest was issued on 21.05.2013.

Counsel for the petitioner submits that petitioner has surrendered on 30.06.2018.

Patna High Court Cr.Misc. No.51157 of 2018 (2) dt.25-09-2018 2/2 This Court finds that petitioner has sufficiently been punished for the laches committed by him.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, East Champaran, Motihari, in connection with Sessions Trial No.133 of 2013 arising out of Raxaul P.S. Case No.93 of 1997, subject to the condition that both the bailors shall be close relative of the petitioner. The petitioner will remain present on each and every date of trial. His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled. (Sanjay Priya, J) JA/- Rohit Kr.

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