IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42625 of 2010
1. Dasrath Saw
2. Dwarika Saw,
both sons of Ram Chandra Saw, residents of Village+ P.O.
Kasma, P.S. Kasma, District-Aurangabad --------- Petitioners
Versus
THE STATE OF BIHAR
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02 18-01-2011 Heard Sri Bikramdeo Singh, learned counsel, who was
assisted by Sri Jay Kumar, learned counsel for the petitioners and
Sri Anant Kumar, learned Addl. Public Prosecutor.
Two petitioners, who are in custody in Sessions Trial
No.529 of 2003/ 1671 of 2001 arising out of Rafiganj P.S. Case
No.9 of 1984 for the offences under Section 395 and other allied
Sections of the Indian Penal Code, have prayed for grant of bail.
This is a case of misuse of privilege of bail. The petitioner
was on bail since long. However, in the year 2008 his bail bond was
cancelled and thereafter he could be arrested on 4.10.2010.
Learned counsel for the petitioner submits that even
though the case was instituted in the year 1984 on the basis of
complaint, on which F.I.R was subsequently lodged, and charges
were framed in the year 1988, till date no witness has been
examined.
In view of the facts and circumstances of the case, let the
petitioners above named be released on bail on furnishing bail bond
of Rs.10, 000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the F.T.C No.V, Aurangabad in
connection with S.T.No.529 of 2003/ 1671 of 2001 arising out of
2
Rafiganj P.S. Case No.9 of 1984.
NKS/- ( Rakesh Kumar, J.)