Chhote Lal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37297 of 2016 Arising Out of PS.Case No. -147 Year- 1997 Thana -BHAWANIPUR District- PURNIA ====================================================== Chhote Lal Mandal son of Arjun Mandal resident of Village-Rahipura Ghat P.S. Bhawanipur, District Purnea .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 395/412 of the Indian Penal Code.
Allegation is that while informant and others were returning home after having dinner at friend's house, their belongings and motorcycles were snatched by miscreants. It has been submitted on behalf of the petitioner that the present application relates to misuse of privilege of bail. Petitioner was granted bail by order dated 5.8.1998 vide Cr. Misc. no. 15621 of 1998. Petitioner being the daily wage earner had gone out of his State for his livelihood. Hence, proper pairbi could not be made in the present case. He is in custody since 1.5.2016, i.e., for the last seven months. Petitioner undertakes that he will be present on each and every date fixed by the court below. On behalf of the State, it is submitted that petitioner had misused the privilege of bail for about 17 years. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond
Patna High Court Cr.Misc. No.37297 of 2016 (4) dt.05-12-2016 2/2 of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Purnea, in connection with Bhawanipur P.S. Case no. 147 of 1997.
It is directed that petitioner shall be present in the court below on each and every date fixed by the court below. If he fails to attend court on two consecutive dates without proper and cogent reasons, the court below shall be at liberty to cancel the bail of the petitioner.
(Sudhir Singh, J) sudip/- U T