Patna High CourtCR. MISC./33053/2016bail granted

Rajaram Paswan v. The State Of Bihar

2016-08-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33053 of 2016 Arising Out of PS.Case No. -78 Year- 2004 Thana -AMAS District- GAYA ====================================================== Rajaram Paswan Son of late Laxman Paswan Resident of VillageBahera, P.S Imamganj, District Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashhar Mustafa, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.11.2015 in connection with S. Tr. No. 19 of 2016, arising out of Amas P.S. Case No. 78 of 2004 for the alleged offences under Section 364(A) of the Indian Penal Code.

3. It is submitted that the petitioner was earlier granted bail by this Court by order dated 14.03.2005 in Cr. Misc. No. 4785 of 2005 but, under wrong advice he committed default in appearance before the learned trial Court leading to cancellation of his bail on 12.06.2006. He was finally arrested again on 20.11.2015 and has been in custody thereafter.

4. Learned counsel for the petitioner submits that the petitioner has suffered custody for about nine months which is

Patna High Court Cr.Misc. No.33053 of 2016 (2) dt.20-08-2016 sufficient punishment for having committed default in appearance before the learned trial Court.

5. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J. Ist, Gaya in connection with S. Tr. No. 19 of 2016, arising out of Amas P.S. Case No. 78 of 2004,on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/Ibrar U T