Sonu Kumar @ Sonu Paswan @ Dhramvir Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31677 of 2023 Arising Out of PS. Case No.-58 Year-2009 Thana- RAJIVNAGAR District- Patna ====================================================== Sonu Kumar @ Sonu Paswan @ Dhramvir Kumar Paswan Son Of Sri Jhulan Paswan@ Julan Paswan Resident Of Village- Digha Bansh Koti, Jangalipir, Ps- Digha, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395, 412 of the Indian Penal Code.
3. Earlier, the petitioner has been granted bail vide order dated 28.01.2010 passed in Cr. Misc. No. 1423 of 2010 with a condition that if the petitioner repeats similar nature of offenece after release in the present case, the Court below will be at liberty to initiate the proceedings for cancellation of bail on ground of misuse of bail. Thereafter, the bail bond of the petitioner was cancelled vide order dt. 01.04.2015 passed in Cr. Misc. No. 19451 of 2013. After that notice was issued against the petitioner by learned Court below and he was arrested and
Patna High Court CR. MISC. No.31677 of 2023(4) dt.22-08-2023 2/3 remanded in the present case case on 15.12.2022.
4. In pursuance to the direction of this Court, a report with regard to the present stage of trial dt. 2.8.2023 has been received by which it appears that the case is pending for appearance of accused persons and the trial is likely to be concluded within one year.
5. Learned counsel for the petitioner submits that in view of the report of the learned trial Court that the trial is not likely to be concluded in near future and the petitioner is in custody since 15.12.2022.
6. Considering the aforesaid facts and circumstances let the petitioner be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Patna in connection with Rajeev Nagar P.S. Case No. 58 of 2009, G.R., No 2280, Sessions Trial No. 1504 of 2009, subject to the following conditions:- (i), The petitioner shall co-operate in the trial and shall be properly represented physically on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by
Patna High Court CR. MISC. No.31677 of 2023(4) dt.22-08-2023 3/3 the Court below.
(ii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Sunil Kumar Panwar, J) Manishkumar/- U T