S.K. Das @ Bantha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38496 of 2019 Arising Out of PS. Case No.-446 Year-2005 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== S.K. DAS @ BANTHA, Son of Late Kailu Das, Resident of Mohallah - Teja Tola, P.S.- Katihar (M), District- Katihar ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 02-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in S. T. No.395 of 2006 arising out of Nagar (Muffasil) P.S. Case No.446 of 2005 instituted for the offence under Section(s) 302, 379/34 Indian Penal Code. Counsel for the petitioner submits that it is a case of misuse of bail. Bail bond of the petitioner was cancelled on 19.07.2018 and he has been arrested by the police on 04.04.2019.
This Court finds that petitioner has sufficiently been punished for the laches committed by him.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.38496 of 2019(5) dt.02-09-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court No.II, Katihar, in connection with S. T. No.395 of 2006 arising out of Nagar (Muffasil) P.S. Case No.446 of 2005, subject to the condition that both the bailors shall be close relative of the petitioner. Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T