IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. No.30913 of 2010
WAKIL YADAV
Versus
STATE OF BIHAR
2. 19.8.2010. Heard learned counsel appearing on behalf
of the petitioner and the learned counsel
appearing on behalf of the State.
Petitioner is in custody in connection
with Jehanabad P.S.Case No.88 of 2006 (Sessions
Trial No.158/678 of 2006) for the offence
punishable under Sections 452, 323, 342, 307 of
the Indian Penal Code.
This is a case of misuse of the privilege
of bail the petitioner having been granted bail by
a bench of this Court in Cr.Misc.No.50235 of 2006
vide order passed on 3.1.2007.
Learned counsel for the petitioner submits
that in absence of communication from the
pairwikar that the matter could not be attended to
and as a consequence whereof, the bail bond of the
petitioner was cancelled on 22.8.2009. Learned
counsel further submits that it is upon his arrest
that the petitioner came to know that his bail
bond was cancelled. Learned counsel submits that
the petitioner undertakes to participate in the
trial on each and every date fixed. It is
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submitted that from a plain reading of the first
information report, it is clear that there is no
specific allegation against the petitioner.
Considering the circumstances and
submissions of the learned counsel, let the
petitioner Wakil Yadav be released on bail on
furnishing bail bonds 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.V, Jehanabad in connection
with Jehanabad P.S.Case No.88 of 2006 (Sessions
Trial No.158/678 of 2006), subject to the
condition that the petitioner would be attending
the trial on each and every date fixed in the case
and failure on the part of the petitioner to
attend the trial on two consecutive dates fixed
without reasonable explanation to the satisfaction
of the trial court, would confer liberty to the
trial court to initiate proceeding for
cancellation of his bail bond and for taking him
into custody.
ahk (Jyoti Saran, J.)
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