Nago Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25193 of 2025 Arising Out of PS. Case No.-130 Year-1997 Thana- ALOULI District- Khagaria ====================================================== Nago Mukhiya, son of Guneshwar Mukhiya @ Ganeshwar Mukhiya, resident of Village -Machhra P.S. -Alauli, Dist- Khagaria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajit Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is in custody since 12.04.2024. It is the first case of misuse of privilege of bail.
3. Accused/petitioner was on bail and misused the same since 10.05.2010 when the matter was fixed for recording the evidence. It appears from perusal of record that several efforts were made by the learned trial court but the petitioner failed to appears and, therefore, finally he was declared absconder.
4. It is submitted by learned counsel appearing for petitioner that non-appearance of the petitioner before court below was neither intentional nor deliberate and it was due to certain compelling circumstances, which was beyond his
Patna High Court CR. MISC. No.25193 of 2025(4) dt.14-08-2025 2/3 reach. It is pointed out that petitioner was outside State in connection with his livelihood and he was not duly informed regarding next date of hearing by his conducting lawyer and out of said miscommunication, he could not appear before the learned trial court. It is submitted that not a single prosecution witness was examined despite of fact that petitioner remains in custody for more than one year i.e. almost about one year and five months for reason that case diary is not available and trial court was vacant. Finally, it is submitted that it is the first misuse of petitioner.
5. Non-availability of case diary and court appears affirmed through Letter No. 69 dated 07.05.2025 as made available to this Court by the I/c Additional District and Sessions Judge-VIII, Khagaria.
6. Considering the aforesaid factual submissions and for the reason as not a single prosecution witness was examined despite of custody of petitioner for one year and five months, as submitted aforesaid, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.25193 of 2025(4) dt.14-08-2025 3/3 the like amount each to the satisfaction of the learned A.D.J.- VIII, Khagaria in connection with Alauli P.S. Case No.130 of 1997, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS') and with further conditions:- (i) That petitioner shall co-operate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner duly supported by the documents. (ii) That the petitioner shall not make any deliberate attempt to delay the trial failing which, the State/informant shall be at liberty to press a petition before the learned trial court itself for cancellation of bail bonds of the petitioner, which shall decided in accordance with law by giving opportunity of hearing to the petitioner.
(Chandra Shekhar Jha, J.) Sanjeet/- U T