Patna High Court - Orders

Anil Jha vs The State Of Bihar on 27 April, 2012

Patna High Court Cr.Misc. No.17720 of 2012
(2) dt.27-04-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17720 of 2012

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Anil Jha S/o Late Srideo Jha ....Petitioner

Versus

The State Of Bihar ....Opposite Party

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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN

ORAL ORDER

2. 27.04.2012 The petitioner seeks anticipatory bail as he

apprehends his arrest in connection with Bhargama P.S. Case No.
106/2007 for the offences alleged under Sections
341, 342, 323, 379, 354, 386, 427, 504/34 of the Indian Penal
Code.
2. It is stated that the petitioner had been granted anticipatory bail
in A.B.P. No. 157/361 of 2010 by order dated 03.03.2012 passed
by the Ist Additional Sessions Judge, Araria, but he could not avail
the benefit of the grant of anticipatory bail by surrendering within
the period of one month as had been granted, owing to his
hospitalization for surgery.
3. Petitioner's prayer for modification of the order granting
anticipatory bail before the Ist Additional Sessions Judge, Araria
was not entertained favorably in view of abnormal delay of over
six months.
4. Considering the fact that the petitioner's case had been found to
be fit for grant of anticipatory bail, this Court is of the view that
the petitioner ought not to be deprived of the benefit thereof for his
failure to surrender within the permitted time as such failure has
been shown to have been by reason of his ill health and inability to
comply with the terms of the bail order.
5. Considering the aforesaid facts as well as the fact that the other
five co-accused have surrendered and have been released on bail,
in the event of his arrest or surrender before the court below within
12 weeks from the date of communication of this order, let the
above named petitioner be released on bail on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of like amount each
to the satisfaction of learned Chief Judicial Magistrate, Araria in
connection with Bhargama P.S. Case No. 106/2007, subject to the
conditions as laid down under Section 438(2) Cr.P.C.
(Vikash Jain, J.) Fahad.