Md. Abbas v. The State Of Bihar

Patna High Court Cr.Misc. No.1083 of 2017 (2) dt.16-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1083 of 2017 Arising Out of PS.Case No. -31 Year- 2002 Thana -RAGHOPUR District- SUPAUL ====================================================== Md. Abbas, son of late Kailu Miyan, resident of village - Gol Bazar, Simrahi, P.S. - Raghopur, District - Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Upendra Pd. Advocate. Ms. Veena Kumari Jaiswal, Advocate.

For the Opposite Party/s : Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Raghopur P.S. Case No. 31 of 2002 registered under Sections 25(1-B)A, 26 and 35 of the Arms Act.

This is a case of misuse of privilege of bail for about seven years.

Mr. Upendra Prasad, learned counsel for the petitioner, submits that while the petitioner is accused in nine other cases as detailed in paragraph 3 of the petition, but in all cases, he is on bail and in the present case, he is in custody since 28.08.2016.

Patna High Court Cr.Misc. No.1083 of 2017 (2) dt.16-01-2017 Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Birpur, in connection with Raghopur P.S. Case No. 31 of 2002. Out of two sureties, one surety must be the close relative of the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T