High Court Patna High Court - Orders

Wakil Yadav vs State Of Bihar on 19 August, 2010

Patna High Court – Orders
Wakil Yadav vs State Of Bihar on 19 August, 2010


IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. No.30913 of 2010
WAKIL YADAV
Versus
STATE OF BIHAR

2. 19.8.2010. Heard learned counsel appearing on behalf

of the petitioner and the learned counsel

appearing on behalf of the State.

Petitioner is in custody in connection

with Jehanabad P.S.Case No.88 of 2006 (Sessions

Trial No.158/678 of 2006) for the offence

punishable under Sections 452, 323, 342, 307 of

the Indian Penal Code.

This is a case of misuse of the privilege

of bail the petitioner having been granted bail by

a bench of this Court in Cr.Misc.No.50235 of 2006

vide order passed on 3.1.2007.

Learned counsel for the petitioner submits

that in absence of communication from the

pairwikar that the matter could not be attended to

and as a consequence whereof, the bail bond of the

petitioner was cancelled on 22.8.2009. Learned

counsel further submits that it is upon his arrest

that the petitioner came to know that his bail

bond was cancelled. Learned counsel submits that

the petitioner undertakes to participate in the

trial on each and every date fixed. It is
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submitted that from a plain reading of the first

information report, it is clear that there is no

specific allegation against the petitioner.

Considering the circumstances and

submissions of the learned counsel, let the

petitioner Wakil Yadav 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 the Additional

District Judge, F.T.C.V, Jehanabad in connection

with Jehanabad P.S.Case No.88 of 2006 (Sessions

Trial No.158/678 of 2006), subject to the

condition that the petitioner would be attending

the trial on each and every date fixed in the case

and failure on the part of the petitioner to

attend the trial on two consecutive dates fixed

without reasonable explanation to the satisfaction

of the trial court, would confer liberty to the

trial court to initiate proceeding for

cancellation of his bail bond and for taking him

into custody.

ahk                                    (Jyoti Saran, J.)
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