Patna High CourtCR. MISC./79710/2019bail granted

Mahanth Mian @ Nethwa v. The State Of Bihar

2020-03-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79710 of 2019 Arising Out of PS. Case No.-31 Year-2002 Thana- SIKARPUR District- West Champaran ====================================================== Mahanth Mian @ Nethwa aged about 50 years (male), S/O Late Rahim Mian Vill Semara P.s. Sikharpur, Dist W. Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-03-2020 The petitioner, seeks bail in connection with Shikarpur P.S. Case No. 31 of 2002 arising out of S.Tr. No. 505 of 2002, dated 16.02.2002, instituted for the offences under Sections 147, 148, 149, 341, 452, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The bail bond of the petitioner appears to have been cancelled on 01.12.2007. The case is of the year 2002. As of now, the petitioner is in custody since 29.09.2019.

Learned counsel for the petitioner submits that at the time when the petitioner was granted bail, he being an uneducated person, he understood that concession to be a complete relief in the case and so he went out of the State of Bihar to earn his livelihood.

Patna High Court CR. MISC. No.79710 of 2019(3) dt.06-03-2020 2/2 Precisely for this reason, he could not participate in the proceedings. Had he known that he was required to be present and participate in the trial proceedings, he would not have jumped the bail bond.

Regard being had to the nature of accusation against the petitioner and the present period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.F.T.C.I Bettiah West Champaran in connection with Shikarpur P.S. Case No. 31 of 2002 arising out of S.Tr. No. 505 of 2002. The application stands allowed.

(Ashutosh Kumar, J) GAURAV S./- skm U T