IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.39947 of 2010
AJAY KANDU @ RAVI JEE, S/o Late Fagu Kandu, Resident of Village -
Chauhar, P.S. - Karpi, District - Arwal .
Versus
STATE OF BIHAR .
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3 09.03.2011 Heard Sri Ajay Kumar Sinha, learned counsel
for the petitioner and Sri A.M.P. Mehta, learned
Additional Public Prosecutor.
This is a case of misuse of privilege of bail.
The petitioner, was earlier arrested in Karpi P.S. Case No.
74 of 1990. Thereafter, he was granted bail on 10.9.2003.
He appeared thereafter. However, in the year 2005, his bail
bond was cancelled and finally the petitioner could be
arrested on 18.8.2009 and since then he is in jail.
Learned counsel for the petitioner submits that
in this case only charges have been framed and witnesses
are not turning up.
Learned Additional Public Prosecutor has
opposed the prayer for bail. It was submitted that direction
may be issued for concluding the trial.
In view of the facts and circumstances, let the
petitioner Ajay Kandu @ Ravi Jee be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)
2
with two sureties of the like amount each to the
satisfaction of court of Sri Deepak Kumar Sinha, A.D.J.
IV at Jehanabad in connection with S.Tr. No. 114 /
2001/136/2009 arising out of Karpi P.S. Case No. 74 of
1990, on a condition that one of the bailor must be close
relative of the petitioner and further condition that on the
date of evidence the petitioner shall remain physically
present before the court below failing which his bail bond
shall stand automatically cancelled. However, with prior
permission of the Trial Court, on a particular date, he can
remain absent. This condition for physical presence shall
be operative for a period of nine months from the date of
release.
(Rakesh Kumar, J.)
Praful