Patna High Court - Orders
Rama Nand Singh @ Ram Nand Singh vs The State Of Bihar on 12 April, 2017
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11827 of 2017
Arising Out of PS.Case No. -137 Year- 1992 Thana -MANER District- PATNA
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Rama Nand Singh @ Ram Nand Singh, Son of Late Dhumraj Singh,
Resident of Village- Nayagram Jamunipur, Police Station- Maner, District-
Patna.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Navin Kumar
For the Opposite Party/s : Mr. Sri Rajendra Nath Jha
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
3 12-04-2017Heard learned counsel for the petitioner and the learned counsel appearing for the State.
The petitioner seeks bail in Maner P.S. Case No. 137 of 1992 instituted for the offence under Sections 341, 323, 325 and 307/34 of the Indian Penal Code.
The petitioner has been made accused in Maner P.S. Case No. 137 of 1992 which was initially registered under section341, 323, 325 and 307/34 of the Indian Penal Code but after completion of investigation, police has submitted charge- sheet under section 307 and other minor sections of the Indian Penal Code. The petitioner did not appear after submission of the charge-sheet and subsequently he was declared absconder and Patna High Court Cr.Misc. No.11827 of 2017 (3) dt.12-04-2017 2/2 lastly he surrendered on 1.8.2016.
Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 22.10.2016 passed in Cr. Misc. No. 47031 of 2016 taking note of his previous conduct but submission on behalf of the petitioner is that petitioner was not aware about registration of the present case and neither any notice nor any process was ever served upon the petitioner before declaring him as a absconder.
It has further been submitted that moreover the petitioner has remained in jail custody for more than eight months.
It has further been submitted that petitioner is aged about 85 years and has sufficiently been punished for his default.
Considering the aforesaid facts as well as the period of detention of the petitioner in jail custody, let the petitioner above named 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 Additional Sessions Judge-V, Danapur, in Maner P.S. Case No. 137 of 1992, Sessions Trial No. 595 of 1993 and Trial No. 405/2016, subject to the condition that one of the sureties must be close relative of the petitioner who will swear as to how he is related with the petitioner.
Ravi/- (Hemant Kumar Srivastava, J) U T