Patna High CourtCR. MISC./41521/2016bail granted

Sonu Kumar v. The State Of Bihar

2016-10-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41521 of 2016 Arising Out of PS.Case No. -1 Year- 2011 Thana -PARSA District- SARAN ====================================================== Sonu Kumar son of Sheo Bhajan Singh, Resident of Village- Chetan Parsa, P.O.+P.S.- Parsa, District- Chapra, Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Pathak, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner once again seeks bail in connection with Sessions Trial No. 880A of 2011/ Reg. No. 224 of 2015 arising out of Parsa P.S. Case No. 01 of 2011 for the offences alleged under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. The petitioner was earlier granted bail by order dated 04.08.2011 in Cr. Misc. No. 23568 of 2011 but the bail bond was however subsequently cancelled for default in appearance before the trial court. It is submitted that the matter was entrusted by the petitioner to the pairvikar Advocate Clerk who however, failed to represent the petitioner subsequently leading to cancellation of the petitioner's bail bond on 05.07.2012. The

Patna High Court Cr.Misc. No.41521 of 2016 (2) dt.03-10-2016 2/2 petitioner has since been taken into custody on 24.03.2015 and has remained in jail thereafter. Petitioner undertakes to remain present before the Court regularly and co-operate in the trial.

4. Having regard to the entirety of the facts and circumstances of the case and in the interest of justice, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge VIII, Saran at Chapra, in connection with Sessions Trial No. 880A of 2011/ Reg. No. 224 of 2015 arising out of Parsa P.S. Case No. 01 of 2011, with the following conditions____ (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/Chandran U T