Patna High CourtCR. MISC./72550/2018bail granted

Albela Yadav v. The State Of Bihar

2018-12-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72550 of 2018 Arising Out of PS. Case No.-93 Year-2003 Thana- PANDARAK District- Patna ====================================================== Albela Yadav Son of Late Amar Yadav @ Ambika Ray Resident of VillageBhuyapur,P.S. Pandarak,Distt.-Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 302, 364-A of the Indian Penal Code and Section 27 of the Arms Act. Earlier the petitioner was granted bail by this court on 11.12.2012 in Cr. Misc. No. 34054 of 2012 but he made absent himself from the proceeding as a result whereof his bail bond was cancelled on 01.12.2015. However, the petitioner was arrested on 31.08.2018 and since then he is languishing in jail custody. The learned trial court refused to release the petitioner on bail on the ground that due to his non-cooperation, his case could not be committed to the court of sessions. However, it is

Patna High Court Cr.Misc. No.72550 of 2018(2) dt.12-12-2018 2/2 informed that perhaps the case of the petitioner has already been committed to the court of sessions.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh/ Incharge Successor Court in connection with Pandarakh P.S. Case No. 93 of 2003.

(Hemant Kumar Srivastava, J) shahzad/- U T