Badir @ Md. Bador @ Badwa Mian @ Badwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25525 of 2018 Arising Out of PS. Case No.-373 Year-1991 Thana- ARARIA District- Araria ====================================================== Badir @ Md. Bador @ Badwa Mian @ Badwa, S/o Late Karamat Mian @ Late Karamat Resident of Village Sisauna P.S. & District- Araria. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party :

Smt. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-08-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with S.T. No. 346 of 2017 arising out of Araria P.S. Case No. 373 of 1991 registered for the offences punishable under Sections 307, 324 and 353 of Indian Penal Code. The petitioner was granted bail in this case on 16.12.1992, but his bail bond was cancelled because of his non appearance on 09.12.1996. Thereafter, petitioner was declared absconder. Petitioner was apprehended by the police on 07.10.2017.

It has been submitted on behalf of the petitioner that he will not misuse the privilege of bail any further. It is further submitted that the petitioner went to Delhi to earn his livelihood

Patna High Court Cr.Misc. No.25525 of 2018(4) dt.13-08-2018 2/2 but the Pairvikar did not do the pairvi of the case properly as a result of which the bail bonds of the petitioner was cancelled. The petitioner is in custody since 07.10.2017 and as such he may be granted regular bail.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional District & Sessions Judge, Araria, in connection with S.T. No. 346 of 2017 arising out of Araria P.S. Case No. 373 of 1991 with condition that petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason, trial court will be at liberty to cancel his bail bond.

(S. Kumar, J.) Rajiv/manoj U T