Patna High CourtCR. MISC./13221/2017disposed

Hareram Mukhiya v. The State Of Bihar

2017-03-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13221 of 2017 Arising Out of PS.Case No. -59 Year- 1992 Thana -ALOULI District- KHAGARIA ====================================================== Hareram Mukhiya, Son of Late Ram Khelawan Mukhiya, Resident of Village- Ratnaha, Police Station- Alauli, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 Heard the parties.

This application has been filed in connection with Sessions Case No.15A of 1993 arising out of Alauli P.S.Case No.59 of 1992 for the offence under Sections 148, 379, 302 and 34 of the Indian Penal Code.

According to the petitioner this is a case of misuse of the privilege of the bail for seven years as this is the case of the year, 1993 and his bail bond was cancelled on 27.01.2009. He has been arrested on 30.08.2016 and since then he is in custody. It is also submitted that the case of the petitioner has been separated and the charge-sheet has been submitted against the petitioner. He is 70 years old.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.13221 of 2017 (3) dt.28-03-2017 2/2 Having heard both sides and in view of the fact that it is a case of long misuse of the privilege of the bail by the petitioner, as such after verifying the facts, the learned court below may release the petitioner on bail bond of Rs.25,000/- with condition that he will co-operate in disposal of the trial and make himself available on each and every date and in the event of failure on his part to appear before the court below on two consecutive dates without permission of the learned court below or without showing any genuine reasons, he shall be liable for cancellation of his bail bond.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U