Patna High CourtCR. MISC./43826/2016allowed

Sukhdeo Sah @ Sukdeo Sah v. The State Of Bihar

2016-10-06Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43826 of 2016 Arising Out of PS.Case No. -1 Year- 1989 Thana -RUPAULI District- PURNIA ====================================================== Sukhdeo Sah @ Sukdeo Sah, son of Dilip Sah, resident of Village- Behat Mohanpur, P.S.- Sonbarsam, District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Advocate For the Opposite Party : Mr. Sri Nagendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner, till the date of cancellation of his bail on account of his absence, was availing the same in pursuance of order dated 03.11.1989 passed in Cr. Misc. no. 11290 of 1989. From the order sheet, it is evident that petitioner virtually made the court as doll to twist according to his desire and it is evident from the fact that a witness, having been examined in chief on 15.05.1990, was able to get himself discharged on 21.09.1996 after cross-examination. In likewise manner, another witness namely Yog Narain Yadav who was examined on 27.06.2000 was allowed to be discharged on 10.08.2000 and subsequently thereof, the petitioner left to do pairvi since 05.07.2005.

Patna High Court Cr.Misc. No.43826 of 2016 (2) dt.06-10-2016 2/2 Petitioner happens to be in custody since 10.07.2016.

Considering the nature of allegation in consonance with the period of detention, petitioner Sukhdeo Sah @ Sukdeo Sah is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with one surety. Instead of another surety, petitioner is directed to deposit Rs. 50,000/- in cash which shall be subject to forfeiture, in case, there happens to be any kind of illegal activity contrary to the spirit of law to the satisfaction of Sub-Judge 6th - cum- Additional Chief Judicial Magistrate, Purnia in connection with Rupauli P.S. case no. 01 of 1989.

(Aditya Kumar Trivedi, J.) rinkee/- U T