Girendra Bhagat @ Giriji @ Jitendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39190 of 2017 Arising Out of PS.Case No. -601 Year- 2008 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Girendra Bhagat @ Giriji @ Jitendra Bhagat son of Ram Chandra Bhagat, Resident of Village- Belhiyan, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.04.2017 in connection with Sitamarhi P.S. Case No. 601 of 2008, S.T. No. 536 of 2010 for offences punishable under Sections and of the Indian Penal Code and Section 25 (1-B)A/26 of the Arms Act and Section 3, 4, 5 of the Explosive Substance Act and later on Sections 386, 387, 120-B, 212/34 of the Indian Penal Code has also been added. The petitioner was earlier granted bail by the learned court below but since there was no Pairvi, neither the petitioner appeared, his bail bond was cancelled on 24.01.2015 and again he

has been taken into custody on 21.04.2017. He submits that he was a labourer and had gone to Mumbai for earning his livelihood and the Pairvikar had not given information and he had no knowledge about the present status of the aforesaid case. He is ready to obey the order passed by the learned court below and cooperate in the trial on day-to-day basis. However, learned APP for the State opposes the prayer for bail stating therein that after grant of bail, the petitioner was declared absconder and has un-necessarily delayed the trial of an old matter.

Considering the facts and circumstances and the undertaking of the petitioner, let petitioner, above named, be enlarged 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 court of F.T.C.-II, Sitamarhi, in connection with Sitamarhi P.S. Case No. 601 of 2008, Sessions Trial No. 536 of 2010 subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned Court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial

on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) sushma/- U T