Patna High CourtCR. MISC./76775/2018bail granted

Munna Baitha v. The State Of Bihar

2019-03-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76775 of 2018 Arising Out of PS. Case No.-17 Year-2000 Thana- LALGANJ District- Vaishali ====================================================== Munna Baitha Son of Jailal Baitha Resident of Village-Jalalpur,P.S. Lalganj, Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Lalganj P.S. Case No. 17/2000, S. Tr. No. 443/2017, instituted for offence under Section(s) 307 of the Indian Penal Code read with Section 3⁄4 of Explosive Substance Act.

This is a case of misuse of privilege of bail. Bail bond of petitioner was cancelled on 03.08.2004.

Learned counsel for the petitioner has submitted that petitioner has surrendered in the court below on 07.03.2018. He is in custody since then.

From the impugned order it appears that one witness has been examined in the case till date.

This Court finds that petitioner has sufficiently been punished for the laches on his part.

Patna High Court CR. MISC. No.76775 of 2018(3) dt.07-03-2019 2/2 Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 District & Sessions Judge, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 17/2000, S. Tr. No. 443/2017, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T