Raju Kumar @ Raj Kumar @ Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42499 of 2017 Arising Out of PS.Case No. -91 Year- 2005 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Raju Kumar @ Raj Kumar @ Raju Singh, Son of Bodhan Singh, Resident of Village- Parra, Police Station- Barauni (Birpur), DistrictBegusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajendra Prasad For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Barauni (Birpur) P.S. Case No. 91/2005, registered for the offences punishable under Sections 147, 148, 149, 452, 326 and 307 of the Indian Penal Code.

This is a case of misuse of privilege of bail about seven years.

Submission of learned counsel for the petitioner is that the petitioner was granted bail, however, he did not appear before the court below and as such, his bail bond was cancelled by the learned court below due to misuse of privilege of bail. It has also been submitted that there was no laches on the part of the petitioner since

Patna High Court Cr.Misc. No.42499 of 2017 (3) dt.11-10-2017 2/2 the petitioner had gone to Chennai for his livelihood and as soon as when he came to know about cancellation of the bail bond, he surrendered on 16.02.2017 and since then he is in custody and charge has been framed.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances and also considering the period of custody and now charge has been framed against the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Additional Sessions Judge, Begusarai in connection with Barauni (Birpur) P.S. Case No. 91/2005, corresponding to S.Tr. No. 1002/2008, subject to conditions that one of the bailors should be close relative of the petitioner and another having sufficient immovable property within the jurisdiction of the court below and the petitioner will co-operate in disposal of the trial with further condition that he will make himself available before the police station of his area in first week of each months till conclusion of trial or for one year, so that police may watch his conduct, otherwise his bail bond shall be cancelled. (Vinod Kumar Sinha, J.) Rakhi U T