Bail bond cancelled earlier due to pandemic-related non-cooperation; petitioner in custody since March 2023 sought restoration. Court granted bail subject to his undertaking to cooperate with trial.
Petitioner released on bail on furnishing bail bonds of Rs.10,000 with two sureties of like amount to the satisfaction of the trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40592 of 2023
Arising Out of PS. Case No.-814 Year-2010 Thana- SASARAM NAGAR District- Rohtas
======================================================
Rahul Sonar Son Of Munna Seth Resident Of Village-Mahajan Toli, Sasaram, P.S.-Sasaram (T), District-Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Singh For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 14-07-2023
Heard learned counsel for the petitioner and
learned A.P.P for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376(y) of the Indian Penal Code.
It is alleged against the petitioner that he along with other F.I.R named accused persons have forcefully kidnapped the informant and committed rape upon her and threatened of dire consequences, if she narrate the same to anyone.
It is submitted by learned counsel for the petitioner that petitioner innocent and he has falsely
Patna High Court CR. MISC. No.40592 of 2023(2) dt.14-07-2023 2/3
been implicated in this case. The petitioner was already on bail but due to pandemic CORONA, he could not cooperate before learned Trial Court, hence, his bail bond was cancelled on 31.08.2022. The petitioner is languishing in custody since 24.03.2023. The petitioner undertakes to cooperate with the trial and shall not absent himself from the Trial Court proceedings in future.
Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that bail bonds of the petitioner was cancelled on 31.08.2022 due to non-cooperation before the Trial Court and N.B.W was issued against him. The processes under Sections 82 and 83 Cr.P.C have also been issued against him on 02.01.2023.
Considering the fact that petitioner undertakes to cooperate with the trial and shall not absent himself from the Trial Court proceeding and the period under custody, let the petitioner, above named, be released on
Patna High Court CR. MISC. No.40592 of 2023(2) dt.14-07-2023 3/3
bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Additional District Judge, Rohtas at Sasaram in connection with Sessions Trial No. 362 of 2011, arising out of Sasaram Nagar P.S. Case No. 814 of 2010.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether a bail bond cancellation for non-cooperation during the pandemic should be revoked on the petitioner's undertaking to attend trial.
2 provisions across 2 enactments
Rahul Sonar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
