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Patna High Court - Orders

Ram Nandan Singh vs State Of Bihar & Anr on 14 January, 2009

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.11336 of 2008
                                       BULLU SINGH
                                            Versus
                                     STATE OF BIHAR
                                 Cr.Misc. No.23471 of 2008
                                 RAM NANDAN SINGH
                                            Versus
                                STATE OF BIHAR & ANR
                                          -----------

12   14-01-2009

Now the issue of cancellation of bail granted to Bullu Singh petitioner of Cr. Misc. no. 11336/2008 is not of much importance because on a letter of the court below the operation of order dated 1.5.2008 granting bail to Bullu Singh was stayed by subsequent order dated 30.7.2008 passed by this court. Subsequently notice for cancellation of his bail was issued in the bail application and also notice was issued in Cr.Misc. no. 23471/2008 filed by Ram Nandan Singh, informant of Begusarai Muffasil (Singhaul) PS case no. 208/2006.

On receipt of notice served in Begusarai jail, petitioner Bullu Singh chosen not to engage any counsel and instead he has sent his show cause through letter forwarded by the Jailor of Divisional Jail, Begusarai dated 25.11.2008. In that he had admitted that earlier he moved this court on some occasions for bail and his prayers were rejected. Suppression of this material fact has been sought to be explained by making an allegation against one Sanjay Singh said to be an advocate's clerk. According to Bullu Singh the same person had acted as Parvikar in arranging for filing of his earlier bail applications before this court but this time allegedly he came under the influence of enemies of Bullu Singh and deliberately such important facts were not -2- mentioned in the bail application.

In view of such explanation cancellation of order dated 1.5.2008 granting bail to the petitioner, Bullu Singh is a mere formality. The said order is hereby cancelled.

This disposes of Cr. Misc. no. 11336/2008 but records of the case should be kept tagged with Cr. Misc. no. 23471/2008 till its disposal.

Latter case requires further consideration because there is prayer for taking action in accordance with law against those who have played fraud with this court.

List Cr. Misc. no. 23471/2008 along with records of disposed of Cr. Misc. no. 11336/2008 in the next week.

Mr. Mukesh Kumar Singh, Advocate appearing for informant, Ram Nandan Singh should be given a copy of this order so that, if possible, he may serve it upon Mr. Dinesh Singh, the earlier counsel for Bullu Singh, who as per Vakalatnama sits in Darbhanga House, a room in Advocates' Association of Patna High Court and also upon one Manoj Kumar , the Advocate Clerk of Mr. Vinay Kumar Singh registration no.8638/2008, who has claimed to identify the deponent Lalan Singh who in his show cause has denied to have signed on the affidavit.

It is expected that on the next date Mr. Dinesh Singh, Advocate and Manoj Kumar shall appear in the court to assist this court in disposal of Cr. Misc no. 23471/2008 in accordance with law.

BKS/                              (Shiva Kirti Singh,J.)