Patna High CourtCR. MISC./13777/2016bail granted

Kavindra Kohar @ Lambu v. The State Of Bihar

2016-04-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13777 of 2016 Arising Out of PS.Case No. -108 Year- 2013 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Kavindra Kohar @ Lambu Son of Late Ram Parokhan Kohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 02.02.2016 in a case registered for the offences punishable under section 395 of the Indian Penal Code.

Prosecution case is of committing robbery by entering into the house of the informant.

The present application is for bail in the case of misuse of privilege for bail. Earlier the petitioner was granted bail vide Criminal Miscellaneous No.28930/2013 since the name of the petitioner sprang up during investigation and petitioner has not been put on TIP. But it appears that vide order dated 18.01.2016, the bail bond of the petitioner was cancelled by the learned court below as none appeared on behalf of the

Patna High Court Cr.Misc. No.13777 of 2016 (2) dt.26-04-2016 2/2 petitioner to press the petition filed by the petitioner under section 317 of the Cr.P.C. It is further submitted that the petitioner surrendered before the learned court below on 02.02.2016.

Considering the fact that for fifteen days misuse of privilege of bail the petitioner is in custody for more than two months, let the above named petitioner 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 Sessions Judge, Kaimur at Bhabua in connection with S. Tr. No.319/2013 arising out of Mohania P.S. Case No.108/2013. However, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) Ashwini/- U T