The Patna High Court disposed of a bail application filed by the petitioner, Parmeshwar Yadav, who had absconded during trial. After accounting for his illness and voluntary surrender, the court granted bail.
Petitioner aggrieved is released on bail by furnishing bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18874 of 2016
| Arising Out of PS.Case No. -7 | Year- 1997 Thana -JAHANABAD District- JEHANABAD |
|---|---|
| =================== Parmeshwar Yadav, Son Bajitpur, P.S. and District- |
=================================== of Late Sohrai Yadav, Resident of Village- Jehanabad. .... .... Petitioner Versus |
| The State of Bihar =================== Appearance : |
.... .... Opposite Party =================================== |
| For the Petitioner/s | : Mr. Umesh Kumar, Advocate |
| For the Opposite Party/s | : Mr. Smt. Anuradha Singh, A.P.P. |
| =================== CORAM: HONOURABL SRIVASTAVA |
=================================== E MR. JUSTICE HEMANT KUMAR |
| ORAL ORDER |
2 03-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The petitioner is named accused in a case, which was registered in the year 1997 for the offences punishable under Sections 147, 148, 323, 452, 380, 436 and 427 of the Indian Penal Code. Subsequently, petitioner was granted privilege of bail and remained present before the Trial Court till 21.06.2014 but subsequently, petitioner made himself absent from the trial on 22.07.2014 resulting cancellation of his bail. Moreover, petitioner himself surrendered before the court below on 04.04.2016.
Learned counsel for the petitioner submits that petitioner fell ill as a result of which, he could not appear before the Trial Court when the case was posted for recording the statement of
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petitioner under Section 313 of the Code of Criminal Procedure and when petitioner regained his health, he voluntarily surrendered before the Court.
Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 337 of 2002 (arising out of Jehanabad Police Station Case No. 07 of 1997) to the satisfaction of learned Additional Sessions Judge-4th , Jehanabad.
(Hemant Kumar Srivastava, J)
Vats/-
U T
1 issue framed by the court
Whether the petitioner, who was at large on bail but failed to appear, should be granted bail after surrendering for illness?
Parmeshwar Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
