Baban Kumar @ Bablu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49802 of 2018 Arising Out of PS.Case No. -1363 Year- 2011 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Baban Kumar @ Bablu Kumar, Son of Nande Paswan, Resident of Mohalla- Kaushal Nagar, P.S.- Hawaiadda, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dharmbeer Kumar, son of Raj Kumar Sahani, resident of Kaushal Nagar of Polo Road, P.S. Hawai Adda, Distt. Patna.

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

For the Petitioner/s : Mr. Suresh Singh, Advocate. For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Complaint Case No. 1363(C) of 2011 instituted for the offence under Sections 323, 341 and 379 of the Indian Penal Code.

It is a case of misuse of privilege of bail.

The Sessions Judge has mentioned in the impugned order that Petitioner has misused the privilege of bail. The bail bond of the petitioner was cancelled on 26.04.2013. Petitioner is in custody since 2.6.2018.

This Court finds that petitioner has been sufficiently punished for the laches committed by him.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.49802 of 2018 (2) dt.01-10-2018 2/2 the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Singh No. 3, learned Sub Judge-XIV-cum-A.C.J.M., Patna, in connection with Complaint Case No. 1363(C) of 2011, subject to the condition that both the bailors will be the close relatives of the petitioner. The petitioner will cooperate in conclusion of the trial. He will remain present on each and every date of trial till disposal of the case. He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. In the event of default of two consecutive dates without valid reason, his bail bonds will liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T