CR. MISC./42718/2011 of BIRENDRA SINGH Vs THE STATE OF BIHAR on 23 December 2011

02 23.12.2011

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42718 of 2011

Birendra Singh, S/O-Kanhaiya Singh Versus The State Of Bihar

----------------------------------

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

It appears from submissions of the parties that earlier the petitioner was on bail but his bail bond was cancelled sometime in the year 2002. Later on, petitioner was declared absconder on 18.08.2007 and the learned trial court issued process against the petitioner and, thereafter, on the strength of process issued against the petitioner he was arrested by the police and produced before the trial court on 18.09.2011 and since then he is in jail custody.

The contention of learned counsel for the petitioner is that petitioner had gone outside the State in connection with his livelihood after entrusting pairvi of his case to his advocate clerk.

Considering the aforesaid facts and circumstances as well as this aspect of the matter that petitioner is said to be only an order giver, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1[st] Assistant Sessions Judge, Siwan in connection with Sessions Trial No. 510 of 2011 arising out of Darauli P.S. Case No. 51 of 2001 subject to condition that one of the sureties must be close relative of the petitioner and holder of landed property and furthermore, petitioner shall attend the trial court on each and every date in person for the period of one year or SHAHZAD

till the conclusion of his trial, whichever is earlier and if he fails to do so on three consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

( Hemant Kumar Srivastava, J.)