Patna High CourtCR. MISC./40851/2016bail granted

Jag Mohan Mahto v. The State Of Bihar

2016-10-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40851 of 2016 Arising Out of PS.Case No. -136 Year- 2000 Thana -MANER District- PATNA ======================================================

1. Jag Mohan Mahto Son of Late Laxuman Mahto, resident of Village Sherpur, Police Station Maner, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is said to have misused the privilege of bail, as a result of which his bail bond was cancelled on 27.02.2007 and, subsequently, petitioner was arrested and could be remanded in this case on 13.07.2016 and since then he is languishing in jail custody.

It would appear from perusal of the impugned order that the petitioner attended the trial court since 2002 to 2007 but even after expiry of five years, the trial of the petitioner could not be concluded.

Submission on behalf of the petitioner is that petitioner had gone outside the State to earn his livelihood and

Patna High Court Cr.Misc. No.40851 of 2016 (2) dt.04-10-2016 2/2 that was the reason, he could not appear before the trial court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, 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 Additional Session Judge 8th, Patna in connection with Maner P.S.Case No. 136 of 2000, subject to the condition that petitioner shall attend the trial court in person on each and every date for the period of seven months or till conclusion of his trial which ever is earlier and, if he, fails to do so on two consecutive dates without any reasonable cause, the trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) N.K/- U T