Patna High CourtCR. MISC./10925/2016bail granted

Ramashish Dharhi v. The State Of Bihar

2016-03-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10925 of 2016 Arising Out of PS.Case No. -295 Year- 2001 Thana -BARBIGHA District- SHEIKHPURA ======================================================

1. Ramashish Dharhi S/o late Ram Rup Dharhi R/o Chhotki Malma, PS Sarmera District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinkar Kumar For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. Petitioner is not named in the first information report and claim of the petitioner is that he was earlier granted bail but subsequently, no process was ever served upon the petitioner as a result whereof, he could not appear before the court below resulting cancellation of his bail bond and subsequently, he was declared absconder. Furthermore, submission on behalf of the petitioner is that as a matter of fact, the case record went missing and subsequently, it was reconstructed on the direction of learned Sessions Judge and moreover, petitioner was arrested by the police

Patna High Court Cr.Misc. No.10925 of 2016 (2) dt.09-03-2016 2/2 on the basis of permanent warrant and remanded in this case on 27.09.2015 and since then he is languishing in jail custody. Considering the aforesaid submissions as well as observations given by learned court below in the impugned order, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Barbigha (Jairampur Morh) P.S. Case No. 295 of 2001.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T