Ramesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1641 of 2017 Arising Out of PS.Case No. -97 Year- 1996 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Ramesh Jha Son of Late Raghunath Jha, Resident of Village- Sihpur, P.S.- Kumarkhand, District- Madhepura.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bipin Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks regular bail in connection with Kumarkhand P.S.Case No.97 of 1996), registered for offences punishable under Section 419, 420, 323 & 504 of the Indian Penal Code and Section 3(iv)(x) (xi) of SC/ST (POA) Act. This is a case of misuse of privilege of bail. Submission of the learned counsel of the appellant is that the appellant is aged about 80 years and he is suffering from several diseases, as such he could not make 'pairvi' in this case, hence, he was declared absconder in this case. The appellant is in custody since 18.3.2017.

Heard learned Special P.P.

Having heard both sides, no doubt there is misuse of privilege of bail for five years, however, considering age of the appellant, this appeal is allowed and the learned Special Judge is directed to release him on bail on furnishing bail bond of Rs.

Patna High Court CR. APP (SJ) No.1641 of 2017 (4) dt.01-07-2017 2/2 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of Special Judge, S.C./S.T. Act, -cumAddl. Sessions Judge-1, Madhepura in connection with G.R.Case No.775 of 1996 (arising out of Kumarkhand P.S.Case No.97 of 1996), after setting aside order dated 18.3.2017 passed by Sri Mithilesh Kumar Dwivedi, Special Judge S.C./S.T. Act-cumAddl. Sessions Judge, 1st, Madhepura in G.R.Case No.775 of 1996 (arising out of Kumarkhand P.S.Case No.97 of 1996), subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellants shall cooperate in the disposal of trial and he will appear in the court on each and every date except showing some genuine reason and with the permission, otherwise, his bail bond shall be cancelled.

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(Vinod Kumar Sinha, J) chn/- U