Anand Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4219 of 2021 Arising Out of PS. Case No.-34 Year-2014 Thana- BENIPATTI District- Madhubani ====================================================== ANAND PATHAK Son of Late Harishankar Pathak Resident of Village - Baghla, P.S. - Bishanpur, District - Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udbhav,Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-02-2021 Let the defects be removed within four weeks. Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 395,397 of the Indian Penal Code.

The petitioner was allowed bail by this Court on 28.09.2016 during investigation of the case. The impugned order reveals that trial was committed to the court of sessions on 31.05.2018 and thereafter warrant of arrest was issued against the petitioner.

Submission is that there was no service of summons etc against the petitioner and the petitioner had no knowledge till the date of his surrender on 05.02.2020. Since there is no material that the petitioner deliberately avoided his appearance before the court, let the petitioner, above named, be released on

Patna High Court CR. MISC. No.4219 of 2021(2) dt.19-02-2021 2/2 bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.T.No.233 of 2018 arising out of Bennipati Police Station Case No.34 of 2014 with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T