Sadanand Bahardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71758 of 2019 Arising Out of PS. Case No.-51 Year-1992 Thana- FORBESGANJ District- Araria ====================================================== SADANAND BAHARDAR Son of Late Kushum Lal Bahardar Resident of Village-Bariyarpur, P.S-Narpatganj, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in Forbesganj PS Case No. 51 of 1992, S.T. No. 132 of 2019 registered under Sections 395 and 397 of the IPC.

It is a case of misuse of privilege of bail on account of which the bail granted to the petitioner on 26.2.2009 was cancelled on 6.5.2016. Petitioner was declared absconder on 20.6.2018 and has surrendered on 13.2.2019 and since then he is in custody.

Counsel for the petitioner submits that due to communication gap petitioner was unaware and has bonafide reasons for not participating in the trial. It is submitted that he has voluntarily surrendered on 13.2.2019.

Having regard to the aforesaid submissions the petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.71758 of 2019(4) dt.13-12-2019 2/2 each to the satisfaction of Vth Additional Sessions Judge, Araria in Forbesganj PS Case No. 51 of 1992, S.T. No. 132 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T