Chamcham Nat @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74525 of 2018 Arising Out of PS. Case No.-85 Year-2004 Thana- BIKRAMGANJ District- Rohtas ====================================================== Chamcham Nat @ Rakesh Kumar, Son of Sheopujan Prasad, Resident of Village- Dhangai, Natwar Road, Ward No. 9, P.S. Bikram Ganj, DistrictRohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bajarangi Lal, Advocate For the Opposite Party/s :
Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in S. Tr. No.30 of 2005 arising out of Bikramganj P.S. Case No.85 of 2004 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code.
Counsel for the petitioner submits that it is a case of misuse of privilege of bail.
From the impugned order, it appears that petitioner has surrendered on 15.09.2018 and since then he is in custody. His bail bond was cancelled on 11.11.2016.
This Court finds that petitioner has sufficiently been punished for the latches committed by him.
Patna High Court Cr.Misc. No.74525 of 2018(2) dt.13-12-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Additional Sessions Judge, IX, Rohtas at Sasaram, in connection with S. Tr. No.30 of 2005 arising out of Bikramganj P.S. Case No.85 of 2004, subject to the condition that both the bailors shall be close relative of the petitioner.
Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T