Patna High CourtCR. MISC./43002/2019bail granted

Ramadhar Singh v. The State Of Bihar

2019-09-27Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43002 of 2019 Arising Out of PS. Case No.-96 Year-1996 Thana- GAYA KOTWALI District- Gaya ====================================================== Ramadhar Singh Son of Late Sukhdeo Singh Resident of Village - Furhuriya, P.S.- Paraiya, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gauri Shankar Prasad For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-09-2019 The petitioner has misused the privilege of bail which was granted to him about 13 years ago.

The petitioner seeks bail in connection with Sessions Trial No. 268 of 2017 arising out of Kotwali P. S. Case No. 96 of 1996 (G.R. No. 998 of 1996) instituted for the offences under Section 395 and 412 of the Indian Penal Code.

The bail bonds of the petitioner was cancelled on

Patna High Court CR. MISC. No.43002 of 2019(3) dt.27-09-2019 2/3 18.01.2005 at the stage when 10 prosecution witnesses had already been examined. Though there is no reasonable explanation of the petitioner having run away from the process of trial and surrendering before the court below only after 13 years but this Court is inclined to grant bail as he has remained in custody since 14.05.2019 as also for the accusation against the petitioner.

Considering the aforesaid facts, this petition is allowed.

The petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned F.T.C.-II, Gaya in connection with Sessions Trial No. 268 of 2017 arising out of Kotwali P. S. Case No. 96 of 1996 (G.R. No. 998 of 1996).

it is made clear that if the petitioner absents himself from the trial proceedings for two consecutive occasions without prior permission of the trial court, the court below would be at liberty to proceed for cancellation of

Patna High Court CR. MISC. No.43002 of 2019(3) dt.27-09-2019 3/3 the bail bonds of the petitioner.

It is also expected that the trial would be concluded as early as possible.

(Ashutosh Kumar, J) skm/- U