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Patna High Court - Orders

Paras Ahir @ Paras Yadav vs The State Of Bihar on 30 October, 2012

Author: Aditya Kumar Trivedi

Bench: Aditya Kumar Trivedi

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.39259 of 2012
                   ======================================================
                   1. Paras Ahir @ Paras Yadav S/O Biraj Ahir Resident Of Village- Khem
                   Matihaniya, P.S.- Kuchai, Kote, District- Gopalganj

                                                                      .... ....   Petitioner
                                                   Versus
                   1. The State Of Bihar

                                                         .... .... Opposite Party
                   ======================================================
                   Appearance :
                   For the Petitioner/s     : Mr.
                   For the Opposite Party/s : Mr.
                   CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
                   ORAL ORDER

3.   30-10-2012

. Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner who was on bail, subsequently misused the privilege and on account thereof, his bail bond was cancelled on 27.7.1993. His non-appearance forced the court to declare him as an absconder after bifurcating his trial vide order dated 26.2.1997 and he happens to be in custody since 22.5.2012.

Lame excuses in routine manner with regard to his ailment (fracture of his leg) as well as that of his wife are being raised which for the present is not considered to be genuine one.

Be that as it may, taking into account the period of incarceration, petitioner Paras Ahir @ Paras Yadav is directed to be released on bail on furnishing cash surety of Rs.10000/- (ten thousand) in connection with Sessions Trial No.18 of 1997 Patna High Court Cr.Misc. No.39259 of 2012 (3) dt.30-10-2012 2 arising out of Kuchaikat P.S.Case No.189 of 1987 pending before the Adhoc Additional District and Sessions Judge, II, Gopalganj with conditions that the petitioner will remain physically present on each and every date and further cooperate with the court in early disposal of instant sessions trial. In case, the court finds some sort of cunningness on the part of the petitioner by putting hurdle in smooth sailing of the trial, then in that event, learned lower court will be at liberty to cancel his bail and will forfeit the amount and will keep the petitioner in custody till the date of pronouncement of judgment.

(Aditya Kumar Trivedi, J.) ahk/-