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Patna High CourtCR. MISC./54832/2015bail granted

Jwala Singh @ Jwala Prasad Singh @ Jwal Prasad Singh And ANR v. The State Of Bihar

2015-12-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54832 of 2015 Arising Out of PS.Case No. -27 Year- 1996 Thana -GHOSI District- JEHANABAD ======================================================

1. Jwala Singh @ Jwala Prasad Singh @ Jwal Pd. Singh S/o Late Musafir Singh.

2. Dhiru Singh @ Dhirendra Kr. Dhiru @ Dhiraj Singh @ Dhirendra Kumar Singh, S/o Jawala Singh @ Jwala Prasad Singh @ Jwal Pd Singh. Both are Resident of Village Rustampur, P.S.- Hulasganj, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K.Agrawal Mr. D.N.Tiwari For the Opposite Party/s : Mr. Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-12-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners were granted privilege of anticipatory bail and subsequently, they were released by the trial court on 3.5.2000 prior to taking cognizance but after cognizance petitioners did not turn up resulting cancellation of their bail bonds and they were declared absconder.

The impugned order shows that warrant of arrest issued against the petitioners was returned by the police with this endorsement that petitioners were avoiding their arrest. There is nothing on the record to show that any process was ever served

Patna High Court Cr.Misc. No.54832 of 2015 (2) dt.09-12-2015 2/2 upon the petitioners personally.

Moreover, it is submitted on behalf of the petitioners that petitioners are resident of extremists hit area and several times extremists had attempted to commit murder of the petitioners and out of fear they left their village and started residing at Patna and that is the reason no process ever could be served upon the petitioners.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Ghosi ( Hulasganj) P.S.Case No. 27 of 1996. (Hemant Kumar Srivastava, J) N.K/- U T