Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23840 of 2017 Arising Out of PS.Case No. -7 Year- 1999 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Pintu Kumar S/o Bhadai @ Vijay Choudhary, Resident of VillageGopalpur, P.S. Nokha, District- Rohtas (Sasaram). .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Ajay Kumar-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-06-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. Petitioner, already in custody, seeks bail in connection with Nokha P.S. Case No.7 of 1999, registered under Sections 448, 341, 323, 324 and 379 of the Indian Penal Code. It is a case of misuse of privilege of bail by the petitioner. The petitioner was facing trial and on 08.06.2011 the case was fixed for evidence. The witness was present but could not be examined due to absence of the petitioner and thereafter apprehended after five years.
Learned counsel for the petitioner submits that petitioner is accused in a case under Sections 323, 324 and 379 of the Indian Penal Code. He is a poor person and had been out of the State to earn his livelihood and had no knowledge, therefore,
Patna High Court Cr.Misc. No.23840 of 2017 (2) dt.13-06-2017 2 / 2 could not appear and bail was cancelled and has been in custody since 23.01.2017.
Having considered the said facts and circumstances, petitioner, above named, is directed to 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 learned Chief Judicial Magistrate, Rohtas (Sasaram) in connection with Nokha P.S. Case No.7 of 1999 with the condition that one of the bailors must be his close relative and petitioner shall be present before the trial court on each and every date and in case of absence on two consecutive dates, his bail bond shall be liable to be cancelled.
(Arun Kumar, J.) S.Kumar/- U T