IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18588 of 2011
MD. RABBAN & ORS. - Petitioners
Versus
THE STATE OF BIHAR - Opposite Party
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03/ 29.06.2011 Heard learned counsel for the petitioners as well as learned
Addl. P.P. for the State.
It would appear from perusal of the first information report
that the case was instituted in the year 1971 for the offence under
section 436 as well as other bailable sections of the IPC.
The submission on behalf of the petitioners is that
petitioners were released on bail some time in the year 1971 after
institution of the case and they attended the court for more than 28
years but their trial could not be concluded and subsequently, their
bail bonds were cancelled on 25.5.1999. It is further contended by him
that there is misuse of near about 12 years but the petitioners have
already remained in judicial custody for more than three months.
Considering the above stated facts and circumstances as
well as submissions of the parties, let the petitioners, Md Rabban , Md
Manizar and Md Kudush, 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 FTC No. 5, Khagaria in
Sessions Case no. 303A/1983 arising out of Alauli P.S. Case no.
4/1971 subject to the conditions that the petitioners shall attend the
learned trial court on each and every date physically for the period of
nine months and if they fail to do so on three consecutive dates
without any genuine cause, the learned trial court shall be at liberty to
cancel the bail bonds of the petitioners.
shahid (Hemant Kumar Srivastava,J)