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Patna High CourtCR. MISC./26467/2020bail granted

Arun Risideo @ Ghurchuniya v. The State Of Bihar

2020-10-12Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26467 of 2020 Arising Out of PS. Case No.-164 Year-2008 Thana- RANIGANJ District- Araria ====================================================== Arun Risideo @ Ghurchuniya Son of Dayanand Risideo Resident of VillageShivnagar, Ward No.12, P.S.- Raniganj, Dist- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2020 Heard Mr. Ramesh Kumar Singh, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Raniganj PS Case No. 164 of 2008 registered for the offence punishable under Sections 302/34 of the IPC.

3. Petitioner was granted bail by this Court vide order dated 11.05.2012 passed in Cr.Misc. No. 27734/2011. It appears that the petitioner, after grant of bail, did not appear before the trial court and accordingly, bail bond of the petitioner was cancelled on 16.11.2013 and thereafter, the petitioner was arrested on 11.01.2020 and since then, he is in custody.

4. Learned counsel for the petitioner submits that the petitioner is a labourer and he had gone outside of the State to earn his livelihood and had handed over his case to his lawyer

Patna High Court CR. MISC. No.26467 of 2020(2) dt.12-10-2020 2/3 and the clerk. It appears that the petitioner was not informed regarding progress of the case by his lawyer and the clerk and accordingly, he jumped the privilege of bail. However, learned counsel further submits that petitioner assures that he will appear in this case on each and every date and will not commit default in future.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has given his assurance that he will be appearing before the trial court regularly and, he is in custody since 11.01.2020 , I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

6. Accordingly, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria in connection with Raniganj PS Case No. 164 of 2008 corresponding to S.T. No.49/2020, TR. No. 07/2010.

7. It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.26467 of 2020(2) dt.12-10-2020 3/3 bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T