Doman Sah @ Doman Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17943 of 2020 Arising Out of PS. Case No.-65 Year-2002 Thana- BHAGALPUR GRP CASE DistrictBhagalpur ====================================================== DOMAN SAH @ DOMAN DAS, Son of Laxman Sah, Resident of Nayatola, Hindustan Press Parbatti, P.S. - University, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Anita Kumari Singh, Adv.
For the Opposite Party/s :
Mr.Ram Priya Sharan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard the learned counsel for the petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 395 of Indian Penal Code.
This is a case of misuse of privilege of bail. The petitioner was granted bail in this case on 04.02.2009, but his bail bond was cancelled on 15.03.2017 because of his non appearance. Thereafter, petitioner was declared absconder. Petitioner was apprehended by the police on 16.01.2020.
Patna High Court CR. MISC. No.17943 of 2020(2) dt.05-06-2020 2/2 It has been submitted on behalf of the petitioner that he will not misuse the privilege of bail any further. It is further submitted that the petitioner went out of station to earn his livelihood but the Pairvikar did not do the pairvi of the case properly as a result of which the bail bonds of the petitioner was cancelled. The petitioner is in custody since 16.01.2020 and as such he may be granted regular bail.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV, Bhagalpur, in connection with S.T. No. 218 of 2008 + 117 of 2009 arising out of Bhagalpur (Rail) P.S. Case No. 65 of 2002 with condition that petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason, trial court will be at liberty to cancel his bail bond. (S. Kumar, J) veena/rajiv U T