Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5401 of 2017 Arising Out of PS.Case No. -70 Year- 1984 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Ajay Singh, son of Late Kameshwar Singh, Resident of Sakara, Police Station- G.B. Nagar, District- Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Bijay Prakash Singh, Adv For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.01.2017 in connection with Sessions Trial No. 269 of 2002, arising out of G.B. Nagar P.S. Case No. 70 of 1984 for the alleged offences under Sections 147, 148, 324 and 307 of the Indian Penal Code.

3. It is submitted that the petitioner was granted bail by the Court below, but the bail bond was subsequently cancelled on 11.06.2015 as the petitioner had gone to Haryana for earning his livelihood resulting in non-pairvi in the case which was wholly bonafide. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten

Patna High Court Cr.Misc. No.5401 of 2017 (2) dt.07-02-2017 thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional Sessions Judge, Siwan in connection with Sessions Trial No. 269 of 2002, arising out of G.B. Nagar P.S. Case No. 70 of 1984 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T