Patna High CourtCR. MISC./38536/2016bail granted

Shatrughan Yadav v. The State Of Bihar

2016-09-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38536 of 2016 Arising Out of PS.Case No. -251 Year- 1997 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Shatrughan Yadav S/o late Bindeshwari Yadav Resident of VillageSukhashan PS. Singheshwar District Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-09-2016 Learned counsel for the petitioner is permitted to make necessary correction in Para- 13 of the petitioner within course of the day.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It is a case of misuse of privilege of bail and it appears from perusal of the impugned order that petitioner failed to appear before the trial court on 15.03.2013 resulting cancellation of his bail bonds and subsequently, after exhausting all the processes, petitioner was declared absconder. However, on the strength of process issued in the present case, petitioner was remanded in this case on 20.04.2016 from G.R.No.1183 of 1997. It appears that the learned Sessions Judge, Madhepura failed to take note of this fact

Patna High Court Cr.Misc. No.38536 of 2016 (2) dt.16-09-2016 2/2 that charge against the petitioner was framed on 03.05.1998 and he had been attending trial court since the date of framing of the charge but even after passing several years, the trial court failed to conclude the trial of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st class, Madhepura in connection with Madhepura P.S.Case No. 251 of 1997 corresponding to G.R Case No.1183 of 1997.

(Hemant Kumar Srivastava, J) N.K/- U T