Arvind Singh @ Arbind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57310 of 2017 Arising Out of PS.Case No. -32 Year- 2000 Thana -SURYAPURA District- SASARAM (ROHTAS) ====================================================== Arvind Singh @ Arbind Singh, son of Indra Deo Singh, resident of VillageRampur, Police Station- Suryapura, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 06.09.2017 in connection with Suryapura P.S. Case No. 32 of 2000, G.R. No. 600 of 2000 for offences punishable under Sections 147, 148, 149, 342, 323, 324, 307 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was in his field and grazing his buffaloes there was a quarrel between the petitioner and the informant on which four family members of the petitioner came and brutally assaulted the informant.

The present case is misuse of privilege of bail earlier

Patna High Court Cr.Misc. No.57310 of 2017 (4) dt.22-12-2017 2/3 granted by the learned court below itself. The petitioner left doing Pairvi in the aforesaid case from 16.12.2005 and was declared absconder on 19.06.2012 thereafter he was evading arrest. It has been submitted by the learned counsel for the petitioner that the petitioner did not do Pairvi in the aforesaid case as the petitioner had gone out of the village for earning his livelihood as his Pairvikar did not inform him about the status of the present case. He submits that he is a man of 60 years of age and is a labourer and undertakes to appear before the learned court below on each and every date during trial.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was declared absconder, misused the privilege of bail since last nearly 12 years and unnecessarily delaying the trial.

Considering the facts and circumstances and the materials on record and the undertaking of the petitioner, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram in connection with Suryapura P.S. Case No. 32 of 2000, G.R. No. 600 of 2000, subject to the conditions that:

Patna High Court Cr.Misc. No.57310 of 2017 (4) dt.22-12-2017 3/3

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T