Harendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27300 of 2017 Arising Out of PS.Case No. -96 Year- 1992 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Harendra Choudhary, son of Ram Chandra Chaudhary, Resident of VillageKandhwara, P.S.- Siwan (M), District- Siwan. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar For the Opposite Party : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State. Petitioner is accused in Siwan (Muffasil) P.S. Case No. 96 of 1992 registered for the offences punishable under Sections 120(B), 216(A) of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

Petitioner was earlier granted bail. However, his bail bond was cancelled on 21.09.2002 due to lack of Pairvi. From the averments made in the petition, it appears that the petitioner had gone to Haryana for earning his livelihood and as such, his bail bond was cancelled due to lack of Pairvi. The petitioner is in custody since 02.04.2017.

Having regard to the fact that petitioner was granted bail on merit and his bail bond was cancelled due to lack of Pairvi,

Patna High Court Cr.Misc. No.27300 of 2017 (2) dt.01-07-2017 2/2 I am inclined to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Siwan in connection with Siwan (Muffasil) P.S. Case No. 96 of 1992, subject to the condition that the petitioner will appear before the trial court and cooperate in the trial without fail and in the event of non appearance without any reasonable justification, the court below is at liberty to take appropriate action as permissible under the law to ensure his presence.

With the aforesaid condition, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties as stated above.

(Anil Kumar Upadhyay, J) SHAHZAD/- U T