Surendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42032 of 2023 Arising Out of PS. Case No.-2 Year-1990 Thana- CHHAURADANO District- East Champaran ====================================================== Surendra Chaudhary Son Of Harihar Chaudhary Resident Of Village- Jeetpur, Ps- Chhauradano, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 307, 379, 447 of the Indian Penal Code. Learned counsel for the petitioner submitted that earlier the petitioner was granted bail by Court of Sessions before submission of the charge-sheet and after taking cognizance no summons has been received by him and without any service report of summons and execution reports of warrants, he was declared absconder on 13.04.2023. It is further submitted that the petitioner

Patna High Court CR. MISC. No.42032 of 2023(5) dt.01-11-2023 2/2 voluntarily surrendered before the learned Court below on 26.04.2023, and since then he is languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner has misused the privilege of bail. And he also submitted that this is a case of year 1990 and the charge-sheet was submitted in this case on 30.11.1992, and due to nonappearance, the petitioner was declared absconder on 13.04.203.

Having heard learned counsel for the parties and considering the fact that due to misuse of bail, this court is not inclined to enlarge the petitioner on bail. Hence, his prayer for bail stands rejected.

The trial court is directed to conclude the trial positively within six months, failing which the petitioner may renew for prayer of his bail.

(Sunil Kumar Panwar, J) Manishkr/- U T