Patna High CourtCR. MISC./31087/2022disposed

Shankar Paswan v. The State Of Bihar

2023-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31087 of 2022 Arising Out of PS. Case No.-105 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SHANKAR PASWAN SON OF LATE SURAJ PASWAN R/O VILLAGEBAJEETPUR, P.S.- MUFFASIL (LAKHO O.P.), DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition has been filed against the order dated 13.04.2022, passed by the learned court of Additional Sessions Judge-XIV, Begusarai in connection with Sessions Trial no. 231 of 2020, arising out of Muffasil PS case no. 105 of 2019, registered under Sections 25(1-B)A, 26, 2 of Arms Act. The learned counsel for the petitioner submits that only on account of misuse of the privilege of bail granted to the petitioner herein, on one occasion, the bail bonds had been cancelled and non-bailable warrant of arrest was issued on 17.12.2021, whereupon, as soon as the petitioner came to know about the same, he surrendered on 08.04.2022 and since then, he

Patna High Court CR. MISC. No.31087 of 2022(3) dt.23-01-2023 2/2 is in custody.

Having regard to the facts and circumstances of the case, though I deem it fit and appropriate to direct for release of the petitioner on bail, subject to such conditions as may be deemed fit and appropriate to be imposed upon the petitioner by the learned court of Additional Sessions Judge-XIV, Begusarai in connection with Sessions Trial no. 231 of 2020, arising out of Muffasil PS case no. 105 of 2019, however, with a further condition that in case, the petitioner fails to appear before the learned trial court on each and every date so fixed, in the on-going trial, the present privilege of bail shall stand cancelled automatically and the petitioner would be liable to be taken into custody forthwith.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T