Sharwan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56293 of 2018 Arising Out of PS. Case No.-89 Year-2007 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Sharwan Choudhary, Son of Late Nand Kishore Choudhary, Resident of Mohalla- Kathalbari, P.S. Barari, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-10-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Kotwali (Barari) P.S. Case No. 89 of 2007 (S.T. No. 662A of 2007) registered for the offences punishable under Sections 341, 307 and 34 of Indian Penal Code and 3/5 of the Explosive Substance Act.

The petitioner was granted bail in this case on 05.09.2007, but his bail bond was cancelled because of his non appearance on 08.06.2009. Thereafter, petitioner was declared absconder. Petitioner was apprehended by the police on 16.04.2018.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.56293 of 2018(4) dt.06-10-2018 2/2 he will not misuse the privilege of bail any further. It is further submitted that the petitioner is a poor person and went outside from Bihar to earn his livelihood but the Pairvikar did not do the pairvi of the case properly as a result of which the bail bonds of the petitioner was cancelled. The petitioner is in custody since 16.04.2018 and as such he may be granted regular bail. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IIIrd, Bhagalpur in connection with Kotwali (Barari) P.S. Case NO. 89 of 2007 with condition that petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason, trial court will be at liberty to cancel his bail bond.

(S. Kumar, J) Rajiv/ManojU T