Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20088 of 2012 ====================================================== Ram Pyare Singh, Son of Aditya Singh( Chhote), resident of village- Narhat, P.S- Narhat, District- Nawada .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Nasiam Sahoo For the Opposite Party/s : Mr. Sunil Kumar For the State : Mr Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 02 24-05-2012 Heard the learned counsel for the petitioner and learned A.P.P for the State. The petitioner is an accused in Narhat P.S.Case No 92 of 2005 for the offence punishable under [STATUTE] and Section 27 of the Arms Act. It is submitted that petitioner was released on bail vide order dated 30.7.2008 passed in Cr. Misc. No. 30100 of 2008 on furnishing bail bond of 10,000/- with two sureties of the like amount to the satisfaction of the learned Additional Sessions Judge, Nawada in S.Tr.No.125 of 2008/81 of 2008 arising out of Narhat P.S. Case No. 92 of 2005 and accordingly, the petitioner furnished the bail bond and he was released on 1.9.2008. Since the petitioner was attending the court regularly for the last three years, but on 12.3.2012 the bail bond of the petitioner has been cancelled on the ground that no parvi has been made by the Patna High Court Cr.Misc. No.20088 of 2012 (02) dt.24-05-2012 2 petitioner for the last three dates. It is further submitted that the proceeding of the court has not been delayed due to his absence and during that period no prosecution witness was in attendance. It is further submitted that petitioner is ready to deposit the amount i.e. Rs. 10,000/- for the violation of the terms of the bond. The learned counsel for the informant submits that during the absence of the petitioner, witnesses were available for their depositions. After hearing the learned counsel for both the parties, it appears from the order sheet submitted by the petitioner that the case diary has been received on 27.3.2012 from the Patna High Court vide letter no. 4047 dated 24.3.07 with direction to return the case diary and the supplementary case diary in Cr. Appeal (D.B) No. 1164 of 2007 within six months. It appears that during the absence of the petitioner, the case diary as well as the supplementary case diary was not with the trial court. Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of this case, the above- named petitioner is directed to be released on bail on Patna High Court Cr.Misc. No.20088 of 2012 (02) dt.24-05-2012 3 furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, FTC-IV, Nawada in Sessions Trial No. 125 of 2008/75 of 2011 arising out of Narhat P.S. Case No. 92 of 2005 with the following conditions: 1. The petitioner will deposit a sum of Rs.10,000/-( the amount of previous bail bond) in the Nazarat and file a receipt thereof in the trial court. 2. One of the bailors will be the close relative of the petitioner. 3. The petitioner will not indulge in similar or in any other offence. 4. The petitioner will be well represented in the Court. 5. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned Court and he will be taken into custody. Namita/- (Amaresh Kumar Lal, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.