Ras Bihari Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57703 of 2015 Arising Out of PS.Case No. -432 Year- 1997 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Ras Bihari Rai, son of Jangi Rai R/o Village-Chilahar, P.O. - Indaur, P.S. Itarhi, District Buxar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Singh, Adv. For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-01-2016 Heard Sri Ashutosh Singh, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor. The petitioner is in custody due to misuse of bail. Earlier, the petitioner was granted bail by this Court vide Cr.Misc.No.14976 of 2002. However, subsequently his bail bond was cancelled and the petitioner was arrested in another case, in the present case he was remanded on 16.07.2013 and since then he is in custody.
The petitioner has prayed for grant of bail in Sessions Trial No. 349 of 2001 ( arising out of Sasaram P.S. Case no.432/1997, G.R. No.1504/97) registered for the offence under Sections 364(A), 120B/34 of the Indian Penal Code. It was submitted by learned counsel for the petitioner that due to bona
Patna High Court Cr.Misc. No.57703 of 2015 (2) dt.25-01-2016 2/2 fide mistake, the petitioner failed to keep track of the case and his bail bond stood cancelled. He further submits that even after rearrest, in the trial no positive step has taken place. Learned Addl. Public Prosecutor, opposing the prayer for bail, submits that due to non-appearance of two co-accused the trial was separated and charge has already been framed. Since earlier the petitioner was already granted bail and thereafter he is in custody since 2013 without examination of witnesses during trial, let the petitioner 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 learned Adhoc A.D.J.-IIIrd, Rohtas at Sasaram in connection with Sasaram P.S. Case no.432/1997, G.R. No.
1504/97 on conditions that (i) one of the bailors must be close blood relation of the petitioner and (ii) during trial, on each and every date the petitioner shall remain physically present in the court below. If continuously on two dates, the petitioner fails to appear without prior permission of the trial court, his bail bond shall stand automatically cancelled.
(Rakesh Kumar, J) NKS/- U