Umesh Lal And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.30295 of 2016 (3) dt.04-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30295 of 2016 Arising Out of PS.Case No. -535 Year- 2002 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Umesh Lal

2. Mukesh Lal

3. Ratnesh Lal all are sons of Late Sudama Lal All are residents of Village- Tajpur, Police Station- Manjhi, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjan Kumar Srivastava @ Munna S/o Madan Mohan Srivastava residents of Village- Tajpur, Police Station- Manjhi, District- Saran at Chapra.

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

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 04.08.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 379 and other minor sections of the Indian Penal Code. It is case of misuse of privilege of bail and it appears that petitioners made themselves absent from trial when a witness on behalf of the complainant appeared before the trial court resulting cancellation of bail bond of the petitioners on 15.5.2008. Furthermore, it appears that on the strength of warrant of arrest issued against the petitioners, petitioner no.1- Umesh Lal was arrested by the police and remanded in this case on 9.4.2016 and furthermore, thereafter, rest two petitioners surrendered on 19.4.2016 and since then they are

Patna High Court Cr.Misc. No.30295 of 2016 (3) dt.04-08-2016 languishing in jail custody.

Regard being had to the above stated facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sri Divya Prakash, Judicial Magistrate, Ist Class, Saran at Chapra in Tr. No. 1173/2016 arising out of Complaint case no. 535/2002 subject to the condition that petitioners shall attend the learned trial court in person on each and every date for the period of six months or till conclusion of their trial whichever is earlier and if they fail to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. shahid (Hemant Kumar Srivastava,J) U T