Patna High CourtCR. MISC./16386/2016bail granted

Ghantu Singh @ Ghanshyam Singh v. The State Of Bihar

2016-04-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16386 of 2016 Arising Out of PS.Case No. -35 Year- 2004 Thana -BHADAUR District- PATNA ======================================================

1. Ghantu Singh @ Ghanshyam Singh son of Late Chhotan Singh, resident of Village- Darbey, Police Station- Bhadaur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

It is a case of misuse of privilege of bail. It appears that the bail bond of the petitioner was cancelled on 12.09.2014 when the case of the petitioner was posted for recording the prosecution evidence. However, the petitioner voluntarily surrendered before the court below on 10.02.2016. Submission on behalf of the petitioner is that a petition under section 317(2) Cr.P.C. had been filed but the learned trial court rejected the aforesaid petition and issued

Patna High Court Cr.Misc. No.16386 of 2016 (2) dt.22-04-2016 warrant of arrest against the petitioner who had gone outside the State with a view to earn his livelihood and he voluntarily surrendered in the court below on 10.02.2016 and since then he is languishing in jail custody.

Considering the aforesaid facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IIIrd, Barh Patna, in connection with Sessions Trial No. 922 of 2006 arising out of Bhadaur P.S. Case No. 35 of 2004.

(Hemant Kumar Srivastava, J) Amin/- U