Lalan Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35301 of 2014 Arising Out of PS.Case No. -240 Year- 2013 Thana -ATRI District- GAYA ======================================================
1. Ram Naresh Singh S/o Late Doman Singh Resident of Village- Narawat, P.S.- Atari, District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9415 of 2015 Arising Out of PS.Case No. -240 Year- 2013 Thana -ATRI District- GAYA ======================================================
1. Lalan Ravidas S/o Jateen Ravidas Resident of village -Gondhi (Rozidih ) Police Station - Banke Bazar, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.35301 of 2014) For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kr. Roy (APP) (In Cr.Misc. No.9415 of 2015) For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Opposite Party/s : Mr. S.Ehteshamuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-04-2015 Heard learned counsel for the petitioner as well as learned APP for the State in connection with Cr.Misc.No. 35301 of 2014.
From the order impugned, it is apparent that on 07.05.2014, the day on which the prayer of petitioner, Ram Naresh Singh along with Ajay Prasad was taken up, he was non represented and on account thereof, his bail petition should have
been dismissed for want of prosecution. The learned lower court was not competent enough to peep into the merit of the case and decide the same. On account thereof, the petitioner, Ram Naresh Singh is directed to approach before the learned lower court and the learned lower court will hear the petitioner on merit and decide the issue afresh without being prejudiced by the instant order. Heard learned counsel for the petitioner as well as learned APP for the State with regard to Cr.Misc. No. 9415/2015. On account of irregularity while implementing IWDP Project at Atri Block of Gaya District, an enquiry was entrusted to Rural Development and Social Welfare Association by the Government of India and having in receipt thereof, the instant case has been registered by the District Land Preservation Officer, Gaya It is apparent that co-accused Ajay Prasad and Ram Pravesh Yadav have already been granted anticipatory bail vide Cr.Misc.Nos. 27661/2014 and 1283/2015 including regular bail of Mithilesh Singh @ Mithilesh Kumar vide Cr.Misc.No.
27367/2014 and further to maintain parity in the order, petitioner, Lalan Ravidas is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No. 240/2013, in the event of arrest/surrender
within four weeks, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Aditya Kumar Trivedi, J) perwez U T