Patna High CourtCR. MISC./2907/2015bail granted

Mahesh Sharma v. The State Of Bihar

2015-01-21Mr. Justice Akhilesh Chandra2 pages

Patna High Court Cr.Misc. No.2907 of 2015 (2) dt.21-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2907 of 2015 Arising Out of PS.Case No. -2 Year- 2010 Thana -Phulwaria District- Begusarai =================================================== Mahesh Sharma Son of Late Suresh Sharma R/o Village - Shokhara (2), P.S. Phulwariya, District - Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anjani Parashar For the Opposite Party/s : Mr. Pronoti Singh(APP) =================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2.

21-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This is an unfortunate case wherein the court below has taken the petitioner in custody taking into consideration that he has violated the terms and conditions imposed vide order dated 26.05.2010 passed in Cr. Misc. No. 12812/2010 in connection with Fulwariya P.S. Case No. 02 of 2010 pending before Sri Dev Priya Kumar, learned Judicial Magistrate, 1st Class, Begusarai.

While granting privilege to the petitioner an additional condition was imposed "to attend the court on each and every date at least for one year or till disposal of the case, whichever is earlier". But as it appears from the order of the court dated

Patna High Court Cr.Misc. No.2907 of 2015 (2) dt.21-01-2015 17.12.2014 passed in B.A. No. 1900/2014, he left to consider the words "whichever is earlier". Such type of error is not expected from a senior court like Additional Sessions Judge.

Further, petitioner carries no criminal antecedent.

If, it is so, having regard to the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Dev Priya Kumar, Judicial Magistrate, 1st Class, Begusarai, in connection with Fulwariya P.S. Case No. 02 of 2010.

(Akhilesh Chandra, J.) Rajeev/- U T