Patna High CourtCR. MISC./24955/2016bail granted

Haresh Kumar Singhal v. State Of Bihar And ANR

2016-09-14Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24955 of 2016 Arising Out of PS.Case No. -240 Year- 2015 Thana -KORHA District- KATIHAR ======================================================

1. Haresh Kumar Singhal S/o Late Sawar Mal Agrawal R/o Guru Bazar, Infront of Gurunanak Girls School, P.S.- Barari, Distt.- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Raj Raman S/o Pawan Kumar Chaudhary R/o Marwa, P.S.- Korha, Distt.- Katihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Dr. Indiwar Kumari, APP For Opposite party : Pandey Sanjay Sahay ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2017 Heard learned counsel for the parties.

2. The petitioner seeks anticipatory bail in connection with Korha P.S. Case No. 240 of 2015, registered for the offences punishable under Sections 406, 418, 468 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

3. In my view, the conduct of the petitioner as can be seen from the order-sheet disentitles him from grant of such concession by this Court.

4. On 22.06.2016, when this matter was taken up, the petitioner was granted provisional anticipatory bail. After three months on 14.09.2016, when the matter was taken up again,

submission was made that the said amount of Rs. 3,66,000/- shall be paid by 19th September, 2016. In view of the said plea, the petitioner was allowed the privilege of anticipatory bail, and the matter was directed to be listed under the heading "To be Mentioned" to consider the conduct of the petitioner. When the matter was taken in February, 2017, it was informed by the learned Counsel that the petitioner had not honoured his undertaking.

5. On 15.02.2017, considering the conduct of the petitioner, he was directed to be personally present in Court on 22.02.2017. On 22.02.2017, neither the petitioner nor his learned counsel was present in Court. This compelled this Court to issue bailable warrant against the petitioner for his production on 08.03.2017. Since there was no report of execution of warrant of arrest, the matter was adjourned to 15.03.2017 by order, dated 08.03.2017.

6. It appears that only after issuance of bailable warrant of arrest, the petitioner is personally present in Court. Conduct of the petitioner is reprehensible. He does not deserve the privilege of bail. The bail bonds furnished by him in compliance of the orders, dated 22.06.2016 and 14.09.2016 stand cancelled.

7. The petitioner is directed to appear before the learned

Chief Judicial Magistrate, Katihar in connection with Korha P. S. Case No. 240 of 2015 within two weeks from today.

8. Let this order be communicated to the learned Chief Judicial Magistrate, Katihar, forthwith.

ArunKumar/- (Chakradhari Sharan Singh, J) U