Patna High CourtCR. MISC./42721/2018bail granted

Motilal Singh v. The State Of Bihar

2018-09-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42721 of 2018 ======================================================

1. Motilal Singh, Son of Late Bhikhari Singh, Resident of VillageMathurapur, P.S.- Barharia, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prashant Kumar For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S.Tr. No. 219/2018, arising out of Maharajganj (G.B. Nagar) P.S. Case No. 163/1990, instituted for the offences under Sections 395, 397 and 364 of the Indian Penal Code.

From perusal of the impugned order, it appears that the petitioner has been declared absconder on 31.01.2013 as he did not appear before the court below even after cancellation of bail bond on 15.03.2011 and permanent warrant was issued against him. Thereafter, he has been arrested on 13.03.2018 and since then he is in custody.

This Court finds that petitioner has sufficiently been punished for his laches.

Patna High Court Cr.Misc. No.42721 of 2018 (4) dt.25-09-2018 2/2 Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge 1st, Siwan in S.Tr. No. 219/2018, arising out of Maharajganj P.S. Case No. 163/1990, subject to the conditions that (i) both the bailors shall be the close relative of the petitioner (ii) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will amount to cancellation of bail bond of the petitioner and (3) if petitioner tamper with the evidence, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.) Rakhi U T