Nitesh Kumar Singh @ Baban vs The State Of Jharkhand on 3 March, 2011

[Cites 11, Cited by 1]

Jharkhand High Court

Nitesh Kumar Singh @ Baban vs The State Of Jharkhand on 3 March, 2011

Bench: Narendra Nath Tiwari

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          B.A. No.1242 of 2011

            Nitesh Kumar Singh @ Baban                         .... Petitioner
                                   Versus
            The State of Jharkhand                              ...O.P.

            Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari

            For the Petitioner        : Mr. Sanjay Kumar, Advocate
            For the O.P.             : APP
                                  -----

 2/03.03.2011

The petitioner is an accused in the case registered for the offence under sections 420, 467, 468, 471, 386, 387, 120(B)/34 of the Indian Penal Code and section 25(1-B)A, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submitted that this is a case of misuse of privilege of bail; the petitioner was earlier granted bail by this Court in B.A. no.1348 of 2009 by order dated 2.4.2009 with the condition that the petitioner shall remain physically present in the case on all the dates in the court below; the petitioner, in compliance of the order of this Court, thereafter, was appearing in the court below on all the dates, but on 25.11.2010 he fell ill and could not physically appear in the court below and for that, the petitioner had filed application under section 317 Cr.P.C., but the same was rejected and his bail bond was cancelled. It has been submitted that the petitioner has not intentionally misused the privilege of bail and he could not appear under the circumstance beyond his control. It has been submitted that on instruction, the petitioner shall appear physically in the court below on all the dates.

Learned APP opposed the prayer for bail of the petitioner and submitted that the petitioner jumped bail and violated the condition of the bail. However, he has not disputed other contentions of learned counsel for the petitioner.

Regard being had to the facts and circumstances of the case, the above named petitioner is directed to 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, Bokaro in connection with B.S.City P.S. case no.09 of 2009, corresponding to G.R. no.41 of 2009 with the condition that the petitioner shall physically appear in the case on all the dates in the court below.

( Narendra Nath Tiwari, J.) s.b.

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