Birendra Rana vs The State Of Jharkhand on 21 November, 2016

[Cites 10, Cited by 0]

Jharkhand High Court

Birendra Rana vs The State Of Jharkhand on 21 November, 2016

Bench: Anant Bijay Singh

IN THE HIGH COURT OF JHARKHAND AT RANCHI                                                 
                                 A. B. A. No. 2811 of 2016
Birendra Rana                                                              ...... Petitioner
                     Versus 
The State of Jharkhand                                                     ...... Opposite Party

                                 
CORAM:         HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner   :Mr. Tarun Kr. No. 1, Advocate
For the State          :  A.P.P.
                        ..........

04/Dated: 21/11/2016 The petitioner is apprehending his arrest in connection with Dhanwar P.S. Case No. 351 of 2012, corresponding to G.R. No. 2861 of 2012.

It appears that under order dated 05.09.2016, the learned counsel for the petitioner was directed to take instruction as to whether bail bond furnished by the petitioner was cancelled in terms of section 446A of the Cr.P.C or not as the petitioner was on bail.

Learned counsel for the petitioner has filed supplementary affidavit bringing on record entire ordersheet of the court below.

From perusal of ordersheet of the court below, it appears that on 05.03.2013 a surrendercumbail petition was filed on behalf of the petitioner in the court below which was allowed and the petitioner was granted bail on furnishing bail bond of Rs. 8,000/. Further, it appears that police after investigation submitted final form, thereafter a protest petition was filed on behalf of the informant and thereafter the learned trial court after going through the case diary and other materials available on record, differing with the finding of the I.O took cognizance of the offence under sections 341, 323, 325, 427, 435, 448, 307, 504/34 I.P.C on 01.08.2013 against the petitioner and other accused persons thereafter on 03.03.2014 bailable warrant of arrest was issued without cancelling the bail bond of the petitioner in terms of section 446A of the Cr.P.C, so question was whether in absence of cancellation of bailable warrant of arrest, anticipatory bail is maintainable, this fact has not been argued before the Sessions Judge.

In view of aforesaid facts, call for entire case record of Dhanwar P.S. Case No. 351 of 2012, corresponding to G.R. No. 2861 of 2012 along with case diary from the court concerned.

Learned counsel for the petitioner is directed to add the informant as opposite party no. 2.

Let notice be issued to the newly added opposite party no. 2 under registered cover with A/D as well as by ordinary process, for which requisites etc must be filed within 10 days.

List this case on 27.02.2017.

Till then order dated 03.03.2014 issuing bailable warrant of arrest passed by the trial court is remain stayed.

Let a copy of this order be communicated to the concerned trial court through FAX.

(Anant Bijay Singh, J.) Satyarthi/

Unlock Advanced Research with PRISMAI

Jharkhand High Court