Case Facts:
Patna High Court Cr.Misc. No.44143 of 2012 (2) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44143 of 2012 ====================================================== Rajan Mishra son of Nawal Kishore Mishra .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 12-12-2012 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State. The petitioner is accused in Ghorasahan (Lakhawara) P.S. Case No. 5/93 (Trial No. 3223 of 2012) instituted for offences punishable under [STATUTE] . He was earlier granted bail which was subsequently cancelled as he failed to appear on the date fixed for examination of prosecution witness. It is stated in paragraph-9 of the present application that the petitioner was declared absconder on 30.05.2012 and he voluntarily surrendered after knowing about this fact on 21.09.2012 since when he is in custody. It has been submitted on behalf of the petitioner that the petitioner had gone to Delhi to earn his livelihood and the petitioner was represented under Section 317(2) of the Cr. P.C. on the date fixed for examination of prosecution witness but in view Patna High Court Cr.Misc. No.44143 of 2012 (2) dt.12-12-2012 of the fact that no one was present at the time of call for the purpose of cross-examination, his bail bond was cancelled. It has further been submitted with reference to the statements made in paragraph-12 of the petition that the petitioner has no criminal antecedent and there is no allegation that during this period he committed any crime or he otherwise breached any other terms and conditions of the bail. Learned counsel for the petitioner submits that the petitioner is ready to undertake any condition as is deemed fit and proper in the facts and circumstances of the case. In view of the above, let the petitioner Rajan Mishra, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sikrahana at Motihari, in connection with Ghorasahan (Lakhaura) P.S. Case No. 5/93 (Tr. No. 3223/12). It is further indicated that the petitioner shall present himself on each and every date in course of trial and even a single default will lead to cancellation of his bail. With the observation aforesaid, this application is allowed. Saif/- (Chakradhari Sharan Singh, J)

Applicable IPC Section: 392

Statute Text:
Section 392 of the Indian Penal Code. Robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.