IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8448 of 2011
MAJID MIAN @ MD. MAJID
Versus
THE STATE OF BIHAR
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03/ 28.03.2011 Heard learned counsel for the petitioner as well as learned
Addl. P.P. for the State.
It would appear from the record that the petitioner was made
accused in Sour Bazar P.S. Case no. 28/1994 registered under sections
436 and 342/34 of the IPC and subsequently, he was released on
provisional bail with direction to appear physically on each and every
date till framing of the charge. It appears from the impugned order
that the learned court below could not frame charge till the year 1998
and the petitioner left his pairvi as a result of which his bail bond was
cancelled but subsequently, order of cancellation of bail bond and
issuance of warrant of arrest was recalled by the learned court below
but again the petitioner and other accused left pairvi in the year of
2000 and thereafter, on 13.10.2010, petitioner was arrested on the
strength of warrant of arrest issued against him.
The contention of the learned counsel for the petitioner is
that matter had already been compromised between the parties and a
petition for compromise had already been filed before the Sub
divisional Judicial Magistrate, Saharsa on 6.9.1995 and under this
impression that the case had already been ended the petitioner left
pairvi of the aforesaid case. But subsequently, he was arrested by the
police on 13.10.2010 and since then he is languishing in jail custody.
Taking into consideration the above stated facts and
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circumstances as well as submissions of the parties, let petitioner,
Majid Mian @ Md Majid, be released on bail on furnishing bail bonds
of Rs 10,000/- with two sureties of the like amount each to the
satisfaction of the Special Judge cum Addl. Sessions Judge I, Saharsa
in Sour Bazar P.S. Case no. 28 of 1994 arising out of GR no.
188/1994.
shahid (Hemant Kumar Srivastava,J)