Awadh Bihari Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69832 of 2018 Arising Out of PS. Case No.-1053 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Bhabhua (Kaimur) ====================================================== Awadh Bihari Sharma, Son of Late Suryadeo Sharma, resident of Sector-E, 417 Pratap Bihar Sector II, P.S.- Vijaynagar, District- Gaziabad (U.P.). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No-1 For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Complaint Case No. 1053 of 2016 registered for the offences punishable under Sections 498(A), 343, 307, 379, 504, 506/34 of Indian Penal Code and Section 3/4 of D.P. Act.

The petitioner was granted bail in this case on 17.02.2017, but his bail bond was cancelled because of his non appearance on 21.02.2018. Thereafter, petitioner was declared absconder. Petitioner was surrendered on 03.10.2018. It has been submitted on behalf of the petitioner that he will not misuse the privilege of bail any further. It is further

Patna High Court Cr.Misc. No.69832 of 2018(3) dt.20-12-2018 2/2 submitted that the petitioner went to Gaziabad with assurance given by pairvikar that he will be intimated wherever required but 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 03.10.2018 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 S.D.J.M., Bhabua, Kaimur, in connection with Complaint Case No. 1053 of 2016 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/- U T