IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33967 of 2010
SHANKAR SONAR son of Ram KishunSonar R/o
Village Bank P.S. Ankori Gola , Dist. Rohtas...petitioner.
Versus
THE STATE OF BIHAR oppositeparty.
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2 15.09.2010 Heard the parties.
The petitioner seeks bail in a case of misuse of privilege
of bail with respect to a criminal prosecution registered under section
3 (a) R.P. (U.P) Act 1966.
It is submitted that the criminal prosecution was registered
on 23.12.1987 and after remaining in Judicial custody for some time
he was granted bail by the court below itself. Thereafter petitioner was
making regular pairvi for about ten years but trial of the petitioner was
not taken up. The bail bond of the petitioner was subsequently
cancelled on 11.1.1996, as the petitioner had gone out of Bihar for
earning his livelihood after entrusting the pairvi of his case to his
Karpardaz, who neither made regular pairvi nor informed the
petitioner about cancellation of his bail bond.
It was further submitted that petitioner, after coming to
know about cancellation of his bail bond, has surrendered on 7.7.2010.
Further more, he is facing rigour of criminal trial for a quite long time
and, therefore, he has been sufficiently punished in the present case.
In the aforesaid facts and circumstances, the above named
petitioner is directed to be enlarged on bail on furnishing bail bond of
Rs. 10,000/- (ten thousand) with two sureties of like amount each to
the satisfaction of Railway Judicial Magistrate, Gaya in connection
with Dehri-on-sone R.P.F. P.S. Case no. 49/87, Tr. No. 08/08 subject
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to the conditions:
(a) That one of the bailors must be Govt. servant or close
family member of the petitioner, who will file an affidavit in the court
below showing his/her relationship with the petitioner.
(b) If the petitioner is found involved in same and similar
nature of cases in future, then in that case the informant/prosecution
shall be at liberty to file a petition for cancellation of the bail of the
petitioner, and if such a petition is filed, the court below would be
obliged to dispose of the same in accordance with law after giving
opportunity of hearing to all concerned.
(c) The petitioner shall make regular pairvi in the court
below in the present case either by appearing himself in person or
through representation by his lawyer on each and every dates, and if
on two consecutive dates petitioner fails to make pairvi, then the court
below shall be at liberty to cancel the bail bond of the petitioner.
( Birendra Prasad Verma, J )
M.Rahman