Balmukund Singh @ Balmukund Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34834 of 2017 Arising Out of PS.Case No. -154 Year- 2003 Thana -GAYA KOTWALI District- GAYA ======================================================
1. Balmukund Singh @ Balmukund Sharma, Son of Late Nanhak Singh, Resident of Village- Neyajipur, Police Station- Chandauti, District- Gaya (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Purushotam Sharma For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard the parites.
The petitioner seeks regular bail in connection with Kotwali P.S.Case No.154 of 2003, Trial No.2198 of 2017, registered for offences punishable under Sections 279 and 304(A) of the Indian Penal Code.
This case is misuse of the privilege of bail. From the record it appears that his bail bond was cancelled on 2.4.2010 and later on 18.1.2017 he was declared absconder and the petitioner is in custody since 9.5.2017.
Submission of the learned counsel for the petitioner is that he has himself surrendered. Now he is in custody for three months.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.34834 of 2017 (2) dt.03-08-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Vth, Gaya, in connection with Gaya Kotwali P.S.Case No.154 of 2003, Trial No.2198 of 2017.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. At the same time, as the case is of the year, 2003, the learned trial court is directed to conclude the trial within a period of six months.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T