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Patna High CourtCR. MISC./42646/2021bail granted

Ram Bilas Singh @ R.B.Singh @ Ram Vilas Singh v. The State Of Bihar

2022-02-21Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42646 of 2021 Arising Out of PS. Case No.-88 Year-2006 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== RAM BILAS SINGH @ R.B.SINGH @ RAM VILAS SINGH, Son of Udit Narayan Singh Resident of Village - Khalisa, Police Station - Udwant Nagar, District - Bhojpur (Ara).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-02-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect (s), if any, be removed within two weeks.

The petitioner, who is in custody since 22.03.2021, seeks regular bail in connection with Sessions Trial No. 494 of 2017 arising out of Magadh Medical College (MMC) P.S. Case No.88 of 2006, for the offence punishable under Sections 302, 380 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner was released on bail vide order dated 25.04.2007 passed in Cr. Misc. No. 15533 of 2007 and his bail-bond was cancelled on 05.06.2009. Petitioner has surrendered on

Patna High Court CR. MISC. No.42646 of 2021(3) dt.21-02-2022 2/2 22.03.2021. Learned counsel for the petitioner further submits that he is retired person and he has made specific statement in paragraph No.10 that after his retirement, he has settled at his native village at Khalisa, P.S. Udwant Nagar, District-Bhojpur and in absence of legal knowledge as well as none communication made by the clerk, who was taking care of his case in the Court below, he could not appear on 05.06.2009, as such, his bail bond was cancelled which is non-appearance of the petitioner, therefore, it cannot be taken to be a deliberate and as such, considering his period of incarceration from the date of surrender, he may be released on bail. He further submits that during the said period, the petitioner has not committed any criminal offence.

Considering the aforesaid facts and circumstances of the case, the petitioner is directed to be released on bail on the same condition as enumerated in order dated 25.04.2007 passed in Cr. Misc. No. 15533 of 2007.

Accordingly, this bail petition is disposed of. (Purnendu Singh, J) sanjeev/- U T