Patna High Court - Orders
Shafi Ahmad @ Shafi Ahamd Ansari vs State Of Bihar on 15 May, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16937 of 2008
SHAFI AHMAD @ SHAFI AHAMD ANSARI
Versus
STATE OF BIHAR
-----------
2. 15.5.2008Heard.
This application appears not
maintainable, inasmuch as the petitioner is
already enjoying the privilege of anticipatory
bail which was restricted to the period till the submission of the chargesheet. Now, the chargesheet has been submitted.
I understand the court is aware of the provision of bail recently reiterated by this Court in the case of Dinesh Parwat Vs. The State of Bihar & anr: 2007(2) B.L.J. 58. The court has to go by the observations of this Court on principles of bail, specially, under what circumstances the bond could not be cancelled or could be cancelled. If the circumstances could not be available before the court, then the bond could not be cancelled after submission of the chargesheet.
This application is dismissed as not maintainable with the above observation.
Let this order be communicated to the court below, i.e., the Chief Judicial Magistrate, West Champaran, Bettiah in Mainatand P. S. Case No. 72 of 2006 through fax at the cost of the petitioner.
Kanth ( Dharnidhar Jha, J. )