The Patna High Court allowed the petitioner's bail application, holding that his previous bail cancellation was unjustified due to the negligence of the pairvikar and his illness, and directed his release on bail with conditions.
Petitioner enlarged on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount each subject to conditions.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30033 of 2018
Arising Out of PS.Case No. -85 Year- 2012 Thana -SULTANGANJ District- PATNA
======================================================
Baiju Kahar S/o Late Thagan Kahar, R/o Saidpur Nand Nagar Colony, P.S.Bahadurpur, District- Patna.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Sri Iftekhar Mahmood
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
3 03-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Sessions Trial No. 1302/2012 arising out of Sultanganj P.S. Case No. 85/2012 registered for offences punishable under sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-b)a/26/35 of the Arms Act.
It is a case of misuse of bail. The bail bond of the petitioner was cancelled on 17.03.2017 as he did not appe ar when the case was called out for evidence.
It has been submitted that due to negligence of pairvikar and his illness, the petitioner could not attend the court and on that count his bail bond was cancelled. The petitioner is in custody since 14.06.2017.
Considering the facts and circumstances of the case, the
Patna High Court Cr.Misc. No.30033 of 2018 (3) dt.03-07-2018
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prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Patna City in connection with Sessions Trial No. 1302/2012, arising out of Sultanganj P.S. Case No. 85/2012, subject to the following conditions:-
(Sanjay Kumar, J)
Mahesh/-
U T
1 issue framed by the court
Whether bail bond of the petitioner cancelled due to non-appearance due to negligence and illness should be cancelled and if relief of bail be granted.
2 provisions across 2 enactments
Baiju Kahar
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
