Patna High CourtCR. MISC./28644/2019bail granted

Birendra Sah v. The State Of Bihar

2019-05-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28644 of 2019 Arising Out of PS. Case No.-71 Year-2000 Thana- MARAUNA District- Supaul ====================================================== BIRENDRA SAH Son of Late Ramdatt Sah, Resident of Village-Sakhua, P.S.-Marauna, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Marauna P. S. Case No. 71 of 2000 instituted for the offence under Section(s) 147, 341, 323, 504 of the Indian Penal Code.

The petitioner is in custody since 13.3.2019. This is a case of misuse of privilege of bail. This is a case registered for the offence under Sections 147, 341, 323, 504 of the Indian Penal Code. The Sessions Judge has mentioned in the impugned order that substance of accusation has been explained on 28.5. 2007 and the case was pending for evidence . The petitioner did not appear from 15.4.2010 to 23.12. 2013 and thereafter the bail bond of the petitioner was cancelled on 27.5. 2014.

Patna High Court CR. MISC. No.28644 of 2019(2) dt.02-05-2019 2/2 The petitioner has sufficiently been punished for the laches on his part.

Considering the aforesaid, 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 J.M. 1st Class, Supaul, in connection with Marauna P. S. Case No. 71 of 2000 subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioner.

(ii) The 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.

(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) shyambihari/- U T