Lalan Kahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25983 of 2016 Arising Out of PS.Case No. -6 Year- 1980 Thana -GHOSI District- JEHANABAD ====================================================== Lalan Kahar Son of Late Kishori Kahar resident of Village - Sukiyawan, P.S. - Ghoshi, District - Jehanabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Sinha, Advocate. For the Opposite Party : Mr. Sri Panchanand Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 452, 364 and 323/34 of the Indian Penal Code.

At the very outset, it is pointed out by learned counsel for the petitioner that Ghoshi (Hulasganj) P.S. Case No. 06 of 1980 was registered on 13.11.1980. The petitioner was made accused in the above stated case and he was remanded in the said case but on 24.09.1981 he was granted bail by learned Sessions Judge in B.P. No. 21 (J) of 1981. The case of the petitioner was committed to the court of Sessions and in the court of Sessions, the petitioner made pairvi regularly till 23.05.2009, on the date

Patna High Court Cr.Misc. No.25983 of 2016 (3) dt.05-07-2016 2/2 when his bail bond was cancelled. After that, the petitioner was declared absconder and permanent warrant of arrest was issued against him. It is also pointed out that on the strength of permanent warrant of arrest, the petitioner was arrested and he was remanded before the trial court on 12.06.2015 and since then he is languishing in jail custody.

It is pointed out that the petitioner had regularly been making pairvi before the Sessions Court, for a long period but his trial could not be concluded and after that, he went outside the state in connection with his livelihood, as a result, permanent warrant of arrest was issued against him.

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 Additional Sessions Judge-III, Jehanabad in connection with S. Tr. No. 283 of 1988/ 126/2015, arising out of Ghoshi (Hulasganj) P.S. Case No. 06 of 1980 of District-Jehanabad.

(Hemant Kumar Srivastava, J.) Amit/- U T