High Court Patna High Court - Orders

Sharwan Dash vs The State Of Bihar on 16 June, 2011

Patna High Court – Orders
Sharwan Dash vs The State Of Bihar on 16 June, 2011
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.17576 of 2011
        SHARWAN DASH, SON OF SUNDER DASH, RESIDENT OF VILLAGE
        MADHAUL, P.S. SARAIYA, DISTRICT MUZAFFARPUR.
                               Versus
                        THE STATE OF BIHAR
                            -----------

2. 16.6.2011. Heard learned counsel for the

petitioner and Shri Mani Madhukar, learned

Additional Public prosecutor.

The petitioner, who is in custody

in Saraiya P.S. Case No.93 of 2010 for the

offence under Sections 25 (1-b) a, 26, 35

of the Arms Act since the month of

May,2010, has prayed for grant of bail.

It was submitted by learned counsel

for the petitioner that petitioner has

sufficiently remained in jail and he was

falsely implicated. Learned Additional

Public Prosecutor has opposed the prayer

for bail. It was submitted that from the

order sheet itself, it is evident that

matter is pending for trial.

In view of nature of accusation and

period of custody, let the petitioner above

named be enlarged on bail on his furnishing

bond of Rs.10,000/- (ten thousand) with two

sureties of the like amount each to the

satisfaction of 5th Addl. Sessions Judge,
2

Muzaffarpur in Sessions Trial No.446 of

2010 arising out of Saraiya P.S. Case No.93

of 2010. One of the bailors should be close

relative of the petitioner and secondly, on

each and every date, during the trial, the

petitioner shall remain physically present,

failing which his bail bond shall stand

automatically cancelled.

However, in special exigency, the

petitioner can remain absent on a

particular date with prior permission of

the trial court.

N.H./                         ( Rakesh Kumar,J.)