Kamta Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71696 of 2023 Arising Out of PS. Case No.-277 Year-2014 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

KAMTA SINGH, son of Late Shiv Narayan Singh Village- Balthua P.S.- Sasaram (M) District- Rohtas 2.

AKHILESH KUMAR, son of Kamta Singh, Village- Balthua P.S.- Sasaram (M) District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Sessions Trial No. 363 of 2015 arising out of Sasaram (M) P.S. Case No. 277 of 2014 for the offence registered under Sections 341, 323, 324, ,337, ,338, 307, 379/34 of the I.P.C., in which petitioners are in jail on account of misuse of privilege of earlier bail granted to them.

3. Allegation against the petitioners is that they have misused the bail granted to them as such they were absent since 23.07.2015, therefore, their bail bonds were cancelled on

Patna High Court CR. MISC. No.71696 of 2023(3) dt.06-02-2024 2/3 23.06.2016, and the office was directed to issue non-bailable warrant against the petitioners.

4. Learned counsel for the petitioners submits that petitioners were on bail since 15.04.2014 and the case was committed to the court of Sessions on 23.05.2015 and due to miscommunication, petitioners were absent in the proceeding, due to that reason the bail of the petitioners was cancelled on 23.06.2016. The petitioners when came to know this fact, they surrendered before the Court below on 05.09.2023 and since then they have been in custody. He further submitted that charge-sheet has already been submitted in this case and both the petitioners undertake to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned concerned court below in Sessions Trial No. 363 of 2015 arising out of

Patna High Court CR. MISC. No.71696 of 2023(3) dt.06-02-2024 3/3 Sasaram (M) P.S. Case No. 277 of 2014.

(Sunil Dutta Mishra, J) khushbu/- U T