Sanjeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32399 of 2021 Arising Out of PS. Case No.-194 Year-2001 Thana- MASHRAK District- Saran ====================================================== Sanjeev Singh S/O Late Nawal Singh R/O Village-Ubhawa Sarangpur, P.S.- Panapur, District-Saran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bishwajeet Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-11-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mashrak (Panapur) P.S. Case No. 194 of 2001 instituted for the offences under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 19.10.2020. It is further submitted that petitioner was granted bail in this case vide order dated 21.08.2002 in Cr. Misc. No. 22663 of 2002 (Annexure-2). Learned counsel further submits that the bail bonds were

Patna High Court CR. MISC. No.32399 of 2021(2) dt.26-11-2021 2/3 cancelled on the ground of misuse of the bail and this petitioner again moved this Court and was granted bail vide order dated 17.11.2005 in Cr. Misc. No. 41737 of 2005.

Learned counsel for the petitioner submits that thereafter the petitioner went outside for work and thus was not able to keep a tab on the progress of the case. Learned counsel further submits that again his bail bonds were cancelled and on 22.09.2012, the petitioner was declared an absconder and thereafter on 19.10.2020 he was arrested.

Learned counsel for the petitioner submits that the charges have been framed as such the learned counsel submits that it is a case of misuse of bail and from perusal of his criminal antecedents, as mentioned in paragraph '3' of the bail application it would manifest that petitioner has not indulged in any occurrence after 2003.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that if bail is granted, again the petitioner will misuse the same by not appearing in the trial.

Considering the fact that it is a case of misuse of bail and petitioner is in custody since 19.10.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.32399 of 2021(2) dt.26-11-2021 3/3 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Saran in connection with Mashrak (Panapur) P.S. Case No. 194 of 2001 subject to the condition as laid down under Section 437 (3) Cr.P.C. with a condition that for the next six months, the petitioner will mark his attendance in the concerned police station on 15th of every month commencing from December, 2021 till June 2022. (Satyavrat Verma, J) Rishi/- U T