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Anil Kumar Singh vs The State Of Bihar & Ors on 28 July, 2010

It is next contended that the fact that the accusations against the opposite parties herein were not found substantiated and thereby not sent up for trial, weighed with the Court which has been taken note of. According to him, this is a reason for granting 3 anticipatory bail to the opposite party nos. 2 and 3. It is next contended that a court while considering an application seeking cancellation of bail has to consider the same on altogether different parameters. Referring to the judgment of a Bench of this Court rendered in the case of Dinesh Parwat versus State of Bihar reported in 2007 (4) P.L.J.R., it is submitted that it has been held therein relying on the judgment of the Hon'ble Supreme Court in the case of Mehboob Dawood Sheikh vs. State of Maharashtra reported in 2004(2) SCC 362 and in the case of Gurucharan Singh vs. State (Delhi Administration) reported in A.I.R. 1978 S.C. 179 that such application has to be considered keeping in focus four aspects of the matter:
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Bersha Gupta @ Bersa Kumari vs State Of Bihar on 9 September, 2009

The Court simply is not inclined to entertain the present petition not because it has any hesitation in entertaining the petition on account of withdrawal of the earlier petition, but because the order dismissing the anticipatory bail petition or even regular bail on account of being withdrawn could not be creating a fetter in the jurisdiction of the lower courts in passing orders on merits. I have expressed this view in reported decision of this Court in Dinesh Parwat Vs. State of Bihar & Anr. reported in 2007(3) B.B.C.J., 110. Further the Court has been informed that husband, who was main accused, was put on trial before a competent court and he has been acquitted of the charges. The petitioner, if so advised, may surrender and pray for regular bail and the court below may consider the above circumstances and pass appropriate order without any prejudice towards petitioner for preferring anticipatory bail -2- petition.
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Nand Kishore Ishwar @ Nand Baba @ Nand ... vs State Of Bihar on 15 May, 2008

As regards last line of the order regarding the effect of that particular order till submission of charge sheet, the courts have to keep in their mind that fact situations could be considered for re-considering a case for bail coupled with the legally recognized circumstances for cancellation of order. If a man has remained on bail without misusing the privilege and the court has the belief under the same facts and circumstances that there was no harm in allowing him to continue enjoying his liberties, the court could not, as a matter of its own sweet will, cancel the bail bonds. The court may consider the -2- circumstances enumerated by this court in the case of Dinesh Parbat Vs. State of Bihar reported in 2007 (2) BLJ and act accordingly.
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Shafi Ahmad @ Shafi Ahamd Ansari vs State Of Bihar on 15 May, 2008

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.
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