Tulsi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28106 of 2016 Arising Out of PS.Case No. -93 Year- 1994 Thana -JHAJHA District- JAMUI ======================================================

1. Tulsi Yadav son of Ram Kishun Yadav, resident of Village- Sohjana, P.S- Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section-307 & other minor sections of the Indian Penal Code and 3/5 of the Explosive Substances Act.

The petitioner misused the privilege of bail for more than 15 years and he was declared absconder, however, he was arrersted and remanded on 14-03-2016 and since then, he is languishing in jail custody. The petitioner does not have any criminal antecedent and submission on behalf of the petitioner is that the petitioner attended trial court up to 1999 and after that, he went outside the State in connection with his livelihood after handing over pairvi to his advocate's clerk but unfortunately,

Patna High Court Cr.Misc. No.28106 of 2016 (3) dt.22-07-2016 2/2 advocate's clerk of the petitioner failed to make proper pairvi resulting cancellation of bail bonds of the petitioner sometimes in the year, 2001 and the information, regarding cancellation of his bail bond was not given to the petitioner by his advocate's clerk. It is also pointed out that moreover, other co-accused have already been acquitted after full-fledged trial.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Jhajha P.S. Case No. 93 of 1994 corresponding to SC/ST No. 450A/1995 to the satisfaction of learned Assistant Sessions Judge-2nd , Jamui subject to condition that the petitioner shall attend the trial court, in person on each and every date for a period of six months or till conclusion of his trial, whichever is earlier and if, he fails to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

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