Yogendra Chaudhary @ Jogendra Chaudhary @ Yogendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46642 of 2017 Arising Out of PS. Case No.-15 Year-2001 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Yogendra Chaudhary @ Jogendra Chaudhary @ Yogendra, son of Late Nathuni Chaudhary, Resident of village Gopalpur, P.S. Hussainganj, District Siwan ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

SMT. ANITA KUMARI SINGH ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is an accused in a case registered under Section 47 (A) of the Bihar Excise Act.

It is a case of misuse of privilege of bail.

It is contended that bail was granted to the petitioner in the present case on 1.7.2002 but due to improper pairvi on behalf of the petitioner, the bail bond of the petitioner was cancelled on 16.6.2008. It is further contended that the petitioner is first offender and has almost completed four months of incarceration whereas punishment for such offence is for about six months.

In the facts and the circumstances of the case, the above

Patna High Court Cr.Misc. No.46642 of 2017(2) dt.21-09-2017 2/2 named petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Siwan in connection with Trial No. 209 of 2017 arising out of C II - 15/2001, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

Further, the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. (Dr. Ravi Ranjan, J) Spd/- U T