IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6168 of 2011 SIKANDAR MUKHIA @ SIKANDAR MALLAH Versus 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.)