Patna High CourtCR. MISC./49313/2019bail granted

Ramnath Ram v. The State Of Bihar

2019-09-27Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49313 of 2019 Arising Out of PS. Case No.-216 Year-1996 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== RAMNATH RAM Son of Late Shivlokhan Ram Resident of Village - Bishunpur Pandey, P.S.- Minapur, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and the learned APP for the State.

2.The petitioner seeks bail in Kanti P. S. Case No. 216/1996, G.R. No. 1057/1996, Tr. No. 3769/2018 instituted for the offence under Sections 25(1-a)b/26 of the Arms Act.

3. This is a case of misuse of privilege of bail.

4. It is submitted by the petitioner's counsel that in the instant case petitioner was allowed bail way back in the year 1997 on account of wrong legal advise, when no witnesses were turning up, he went to earn livelihood. The petitioner was apprehended when he returned to his native place on 15.01.2019 and since then he is in custody.

5. Having considered the rival submissions of the

Patna High Court CR. MISC. No.49313 of 2019(3) dt.27-09-2019 2/2 parties, prayer for bail is allowed. Let the petitioner, above named, 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 Judicial Magistrate- 1st Class, Muzaffarpur (East), in connection with Kanti P. S. Case No. 216/1996, G.R. No. 1057/1996, Tr. No. 3769/2018, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T