Patna High CourtCR. MISC./41266/2019bail granted

Bishwajeet Singh @ Allah v. The State Of Bihar

2019-07-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41266 of 2019 Arising Out of PS. Case No.-47 Year-1998 Thana- BATH District- Bhagalpur ====================================================== BISHWAJEET SINGH @ ALLAH Son of Sri Rameshwar Singh Resident of Village-Khaira, Dorai, P.S.-Tarapur, District-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bamdeo Pandey For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bath P.S. Case No. 47/1998, instituted for offences under Section(s) 364/34/302/34/120B of the Indian Penal Code.

This is a case of misuse of privilege of bail by petitioner.

From the impugned order it appears that petitioner was declared absconder on 18.06.2016 and permanent warrant was issued against him.

Learned counsel for the petitioner has submitted that petitioner is not named in the F.I.R.

This Court finds that petitioner has sufficiently been punished for the laches on his part.

Patna High Court CR. MISC. No.41266 of 2019(2) dt.10-07-2019 2/2 Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 learned Ixth Addl. District Judge, Bhagalpur, in connection with Bath P.S. Case No. 47/1998, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) 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 and (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) rakhi/- U T