Patna High CourtCR. MISC./21149/2020bail granted

Tallu Ravidas v. The State Of Bihar

2020-09-01Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS NO. 21149 of 2020 ========================================================== Tallu Ravidas, Son of Basant Ravidas, resident of village - Mahmadali Chack,P.S - Naubatpur, District- Patna.

..... ......Petitioner

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Upadhyay, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03.

01.09.2020.

Heard Mr. Mithilesh Kumar Upadhyay, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned counsel for the State.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 100 of 1999 dated 06.09.1999 instituted for the offence under Sections 302/34 of the Indian Penal Code.

The petitioner though has been named in the First Information Report but without there being any specific accusation against him. It appears that in this old case, some of the persons were chargesheeted whereas the petitioner was declared an absconder. One of the persons, who was chargesheeted was put on trial and ultimately he was acquitted. With respect to other accused persons, the case is still pending before the learned Magistrate.

Learned counsel for the petitioner submits that though he has been declared an absconder but the fact of the matter is that since he had no idea about the institution of this case, he had gone out of his village home to earn his livelihood. He is in custody since 17.01.2020.

Regard being had to the afore-stated facts, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - II, Danapur, in connection with Industrial Naubatpur P.S. Case No. 100 of 1999.

However, it is made clear that the petitioner shall participate in the trial proceedings and his unauthorized absence would render his bail liable to be cancelled. (Ashutosh Kumar, J) Sunil/- U T