IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19768 of 2010
MD.HASAN AHMAD @ MINTOO
Versus
STATE OF BIHAR
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2. 17.6.2010. Heard learned counsel appearing on behalf
of the petitioner and learned counsel appearing on
behalf of the State.
This is a case of misuse of privilege of
bail. The petitioner is in custody in connection
with Kotwali P.S. Case No.209 of 2008 for the
offence punishable under section 387, 324, 307,
120B/34 of the Indian Penal Code and section 3/4
of the Explosive Substance Act.
The petitioner was granted bail in the
said case vide order dated 21.10.2008 and as he
was in custody in connection with Kotwali P.S.Case
No.258 of 2008, hence he could not be released.
The petitioner was granted bail in Kotwali
P.S.Case No.258 of 2008 on 1.5.2009.
Learned counsel for the petitioner submits
that due to communication gap, the petitioner
could not present himself on the due dates despite
the bail having been granted on 21.10.2008 in the
present case and as a consequence whereof, his
bail bonds were cancelled on 19.1.2009 while he
was in custody in the second case. The petitioner
2
had subsequently surrendered on 4.3.2010 and
undertakes to abide by the stipulations allowed by
this court for consideration of bail.
Having regard to the submissions
aforesaid, let the petitioner Md. Hasan Ahmad
alias Mintoo be released on furnishing bail bond
of Rs.10,000/-(ten thousand) with two sureties of
the like amount each to the satisfaction of the
Additional District Judge, F.T.C.III, Bhagalpur in
connection with Sessions Case No.458 of 2010
arising from Kotwali P.S.Case No.209 of 2008
(G.R.No.959 of 2008), subject to the conditions
that the petitioner would be attending the trial
of the case on each and every date fixed and
failure on his part to attend the trial on two
consecutive dates fixed without reasonable
explanation to the satisfaction of the trial
court, would confer liberty to the court concerned
to initiate proceedings for cancellation of his
bail bond and for taking him into custody.
ahk (Jyoti Saran, J.)