Madan @ Madan Kumar @ Gabbar v. The State Of Bihar

Patna High Court Cr.Misc. No.6578 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6578 of 2016 Arising Out of PS.Case No. -466 Year- 1998 Thana -DANAPUR District- PATNA ======================================================

1. Madan @ Madan Kumar @ Gabbar Son of Late Late Ramdeo Prasad, Resident of Village - Sachchai Mathia, Police Station - Kurtha, District - Arwal ..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Danapur P.S. Case No. 466 of 1998 registered for the offences punishable under Section 395 of the Indian Penal Code and Section 412 IPC was added later on.

Earlier the prayer of bail of the petitioner was rejected vide order dated 24.04.2001 passed in Cr. Misc. No. 6174 of 2001 with observation that if the trial is not concluded within six months of the charge then if the petitioner files application of bail in the lower court and delay is not attributable to him, the learned court below will release him on bail on a bond to its satisfaction and may also impose such condition and conditions which may be deemed proper to ensure future participation of the petitioner in

Patna High Court Cr.Misc. No.6578 of 2016 (2) dt.25-02-2016 the trial but the petitioner did not file any bail application in the court below and he escaped from custody on 25.02.2003. However, he was apprehended and remanded in this case on 21.05.2009 and since then he is in custody and up-till-now the trial has not been concluded.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Danapur in S. T. No. 988 of 1999 arising out of Danapur P.S. Case No. 466 of 1998, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T