Patna High CourtCR. MISC./40770/2016bail granted

Sri Bhagwan Sah v. The State Of Bihar

2016-09-30Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40770 of 2016 Arising Out of PS.Case No. -10 Year- 1990 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Sri Bhagwan Sah S/o Daya sah R/o vill-Mustafabad, P.S.- Goreya Kothi Dist.-Siwan .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-09-2016 Heard Sri Harendra Prasad, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner is in custody due to misuse of bail. Earlier, he was granted bail in Mohammadpur P.S. Case No.10 of 1990, corresponding to Sessions Trial No.275 of 2007, registered for the offence under Sections 147, 148, 149, 307/353 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that after being released, the petitioner was regularly doing pairvi in the case. However, due to inadvertence, on 06.02.2016, his bail bond was cancelled. Subsequently, on 28.06.2016, the petitioner surrendered and he is in custody since then. It was submitted by learned counsel for the petitioner that keeping in view the fact the

Patna High Court Cr.Misc. No.40770 of 2016 (2) dt.30-09-2016 2/2 case was of the year 1990 and regularly the petitioner was appearing in the case, due to some fault, he lost the track of the case and this was the reason that his bail bond stood cancelled. Keeping in view the fact that the petitioner was earlier granted bail, let the petitioner,namely, Sri Bhagwan Sah 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 learned 3rd Addl. Sessions Judge, Gopalganj in connection with S.Tr. No.275 of 2007 arising out of Mohammadpur P.S. Case No.10/1990.

(Rakesh Kumar, J) NKS/- U T