Patna High CourtCR. MISC./1161/2017bail granted

Narad Chaudhary v. The State Of Bihar

2017-01-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1161 of 2017 Arising Out of PS.Case No. -11 Year- 2007 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Narad Chaudhary, S/o late Sukhari Chaudhary, R/o villageBhediharwa, P.S.- Nautan, District- West Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party : Mr. Parmanand Prasad(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Section 395 of Indian Penal Code. This is a case of misuse of privilege of bail. The entire order sheet along with impugned order of the lower court has been annexed with bail petition. From perusal of the aforesaid order, it appears that bail bond of the petitioner was cancelled on 07.06.2016. Thereafter, petitioner has been arrested by the police on 21.11.2016 on the basis of N.B.W and process u/s- 83 of Cr.P.C. issued by the court below. Petitioner is in custody since 21.11.2016. The case was registered for the offence under Section 395 of the Indian Penal Code.

Patna High Court Cr.Misc. No.1161 of 2017 (2) dt.13-01-2017 2/2 In the aforesaid circumstances and keeping in view the period spent by the petitioner in custody after cancellation of bail bond, 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 learned 5th Additional District & Sessions Judge, West Champaran at Bettiah, in connection with Sessions Trial No. 735 of 2007 arising out of Bairiya P.S. Case No. 11 of 2007, subject to the condition that both the bailors will be the close relatives of the petitioner. Petitioner is directed to present in the court below each and every date till framing of charge and if any single default on any date, then it will cause cancellation of the bail bond automatically by the court below.

(Sanjay Priya, J.) ravi/- U T