Md. Shahid @ Zahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42439 of 2016 Arising Out of PS.Case No. -99 Year- 1995 Thana -RANIGANJ District- ARRARIA ======================================================
1. Md. Shahid @ Zahid Son of Zamruddin @ Masiruddin Resident of village - Latahari, P.S. Bounsi, Distt. Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It is a case of misuse of privilege of bail.
It would appear from perusal of the impugned order that the petitioner was granted privilege of provisional bail on 2108-1995 but after that, he never appeared before the court below and subsequently, he could be arrested on 25-04-2016. Submission on behalf of petitioner is that petitioner is an illiterate person and as a matter of fact, when he was granted privilege of provisional bail, he was under impression that his presence before the court was not required as the case has been dropped.
Learned trial court has reported that the case of the
Patna High Court Cr.Misc. No.42439 of 2016 (3) dt.25-11-2016 2/2 petitioner is pending for prosecution evidence. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Raniganj (Bounsi) P.S. Case No. 99 of 1995 to the satisfaction of Kumar Amit Manu, learned Judicial MagistrateIst Class, Araria subject to condition that one of the sureties must be petitioner's close relative and holder of landed property. (Hemant Kumar Srivastava, J) A.K.V./- U T