IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30937 of 2011
Asgar Mian & Anr.
Versus
The State Of Bihar
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04/ 04.11.2011 Heard learned counsel for the petitioners as well as learned
Addl. P.P. for the State.
Petitioners are in jail custody since 27.5.2011 in a case
registered under sections 323, 324 and 307 of the IPC.
Admittedly, petitioners were all along on bail but they
misused their privilege of bail resulting cancellation of their bail
bonds on 26.9.2006 and subsequently, they were declared absconder.
It would appear from the impugned order that the petitioners
could be arrested by the police on 27.5.2011. It would further appear
from the record that the case is very old and trial could not be
concluded on account of non-cooperative approach of the petitioners
as well as other accused persons.
Taking into consideration the above stated facts and
circumstances as well as submissions of the parties, let the petitioners,
Asgar Mian and Md Jalil, be released on bail on furnishing bail bonds
of Rs 10,000/- each with two sureties of the like amount each to the
satisfaction of the Addl. Sessions Judge II, Saran at Chapra in
Sessions Trial no. 578/1994 arising out of Parsa(Veldi) P.S. Case no.
26/1990 subject to the conditions that petitioners shall ensure their
presence before the learned trial court on each and every date for the
period of nine months or till conclusion of the trial and if they fail to
do so on two consecutive dates without any reasonable explanation,
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the learned trial court shall be at liberty to cancel the bail bonds of the
petitioners.
It goes without saying that the trial court shall take all
possible steps to conclude the trial of the petitioners within the above
stated period even by separating their trial from the trial of other
accused persons.
shahid (Hemant Kumar Srivastava,J)