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Patna High Court – Orders
Sikandar Mukhia @ Sikandar Mallah vs The State Of Bihar on 23 March, 2011
                     Cr.Misc. No.6168 of 2011
                        THE STATE OF BIHAR

02. 23.03.2011. None appears.

The case is of misusing the privilege

of bail by not appearing before the court

below on the date which was fixed for framing

of charges and the petitioner was directed to

remain physically present along with others.

As may appear from the record, the petitioner

was not the only defaulter, there were other

defaulters also and some of them, like,

Sanker Mallah and Mahagu Mallah have been

admitted to bail by different Benches of this

Court in Cr.Misc.Petitions No.4140 of 2011

and 19281 of 2009.

Considering the above facts and

circumstances, let the above named petitioner

be released from custody on furnishing bond

of Rs.10,000/-(ten thousand) with two

sureties of the like amount each to the

satisfaction of Additional Sessions Judge,

F.T.C.-V, Supaul in S.Tr.No.67 of

2003/S.Tr.No.145 of 2003 arising out of Jadia

P.S.Case No.93 of 2002 with following


(1) That the petitioner shall remain

physically present on all dates unless his

absence is condoned under Section 317 Cr.P.C.

by the court below for reasons which must be

shown to the satisfaction of the court below.

(2) That whenever the court issues a

specific direction for the physical

appearance of the petitioner any avoidance on

behalf of the petitioner shall be sufficient

for the court below to assume that this court

had never passed the present order and the

court shall cancel the bond of the petitioner

and to commit the petitioner into custody.

(3) For, the present order is being

passed in absence of the petitioner, the

court below shall get the petitioner produced

before himself and explain the two conditions

to him before releasing the petitioner.

B.Kr.                        ( Dharnidhar Jha,J.)

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