The Patna High Court released the petitioner on bail after he surrendered for a pairvy case where his previous bail was cancelled due to absconding, subject to a bond and sureties.
Directed release on bail with bond of Rs. 10,000/- and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.24178 of 2014 (2) dt.04-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24178 of 2014
Arising Out of PS.Case No. -6 Year- 1995 Thana -DHANSOI District- BUXAR
====================================================== Wakil Ram Son of Late Brij Bihari Ram, Resident of Village- Gosaisi Dehra, P.S.- Dhansoi, District- Buxar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar Pandey, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
2 04-08-2014 Heard learned counsel for the petitioner and learned APP for the State.
This is a case of misuse of privilege of bail. The petitioner left doing pairvy since 22.5.2004 resulting in cancellation of his bail bond, thereafter, he has surrendered on 9.1.2014.
Submission at the bar for release of the petitioner is that the petitioner being poor had gone outside to earn his livelihood after entrusting pairvy to his pairvikar but the petitioner was never informed that his presence is required, the petitioner remained present for long period in that case and now by remaining in custody he has sufficiently been panelized and further he undertakes that he will never misuse the privilege of
Patna High Court Cr.Misc. No.24178 of 2014 (2) dt.04-08-2014
bail in future.
In the facts and circumstances as stated above, the petitioner Wakil Ram is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Buxar in connection with Dhansoi P.S. Case No. 0006 of 1995, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U
1 issue framed by the court
Whether the petitioner, who was convicted for pairvy and had his bail cancelled for absconding, can be released on bail after surrendering and undertaking not to misuse the privilege.
Wakil Ram
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
