IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42649 of 2010
1.ARBIND PRASAD son of Late Baban Prasad
2.Chanda Devi wife of Arbind Prasad,
Resident of Chakdah, P.S.-Janta Bazar,
District-Saran.
Versus
THE STATE OF BIHAR
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2. 19.1.2011. Heard Mr.Prabhat Ranjan, learned counsel for the
petitioner and Mr.Binod Shankar Modi, learned Additional Public
Prosecutor for the State.
Two petitioners, who are in custody in connection
with S.Tr. No.21 of 2000 arising out of Janta Bazar P.S. Case
No.0065 of 1998 for the offences under sections 307 and other allied
sections of the Indian Penal Code, have prayed for grant of bail.
It is a case of misuse of privilege of bail. The
petitioner was granted bail on 5.7.2004 and, thereafter, charges were
also framed. However, subsequently, since both petitioners failed to
appear, there bail bonds were cancelled and even they were declared
absconder.
Learned counsel for the petitioners submits that in
this case father of petitioner no.1, who was accused in the case, was
actually doing Pairvi and since after the death of his father, late
Baban Prasad, they failed the track of the case and, as such, their
bail bonds were cancelled. Immediately after noticing the fact both
the petitioners voluntarily surrendered on 23.7.2010 and since then
they are in custody.
Let the petitioners, above named, be released on bail
on furnishing bail bond of Rs.10,000/- each with two sureties of the
2
like amount each to the satisfaction of XIth Additional Sessions
Judge, Saran (Chapra) in connection with Janta Bazar P.S. Case
No.0065 of 1998 (S.Tr. No.21 of 2000) on a condition that one of
the bailors should be a close relative of both the petitioners. .
Md.S. ( Rakesh Kumar, J.)