Dismissed

Madan Mohan Malvia v. The State Of Bihar

Patna HC27 Mar 2019CR. MISC./72926/2018

Case brief

AI extract

What is this about?

The Patna High Court set aside the Trial Court's order rejecting the petitioner's bail bond due to a clerical error in the cause title concerning the police station name. The High Court found the lower court's explanation unreliable as records proved the bond was received earlier, directed contempt proceedings against the presiding officer, and allowed four weeks for the petitioner to submit the b

What did the court decide?

Four weeks time granted to the petitioner to furnish the bail bond in pursuance of the earlier High Court order dating to 10.07.2018; matter placed before the Chief Justice for action against the Tria

Madan Mohan Malvia Vs The State Of Bihar — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 72926 of 2018

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CRIMINAL APPEAL (SJ) No.978 of 2018

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Arising Out of PS. Case No.- Year- Thana- District-

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======================================================

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Madan Mohan Malvia Son of Mahadeo Pandey Resident of VillageBadiha,P.O., Shankasur,P.S. Indrapuri, Distt.-Rohtas

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... ... Petitioner/s

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Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Smt. Usha Kumari No-1, SPP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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4 27-03-2019

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Petitioner Madan Mohan Malvia was allowed anticipatory bail by this Court in Cr. Appeal (SJ) No. 978 of 2018 in connection with Dehri (Indrapuri) P.S. Case No.425 of 2016 a case under Sections 419/420 of the Indian Penal Code as well as under Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The said order was received by the Court-below on 16.07.2018 which would be evident from the order sheet of lower court records.

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The petitioner filed bail bond along with a petition before the court-below, vide Annexure-2 series, on 03.08.2018. However, the Court-below allegedly returned the petition and bail bond to first get the order of this Court dated 10.07.2018 be

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Patna High Court CR. MISC. No. 72926 of 2018(4) dt.27-03-2019 2/4

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corrected as in the cause title the name of P.S. is mentioned as Dehri Town.

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Thereafter, for necessary correction this Cr. Misc. No.72926 of 2018 has been filed. On 23.01.2019 this Court passed following orders:

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“Submission of the learned counsel for the petitioner is that the petitioner was granted anticipatory bail by this Court on 10.07.2018 in Cr. Appeal (SJ) No. 978 of 2018 in connection with Dehri (Indrapuri) P.S. Case No.425 of 2016. However, when the petitioner went to surrender and furnish bail-bond, the learned Additional Sessions Judge-I, Rohtas at Sasaram, asked the petitioner to get the cause title of the order be corrected otherwise he would not accept the bail bond and may send the petitioner to jail. In the title cause, it is mentioned as P.S. Dehri Town. If there is any other police station named as Dehri Town then confusion of the Court-below is genuine and bona fide. If there is no other police station named as Dehri Town except Dehri P.S. or if there is no police station named as Dehri Dehat (Rural) then the confusion was creation of mind of the Court-below especially when in the recital portion of the order Dehri P.S.

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Patna High Court CR. MISC. No. 72926 of 2018(4) dt.27-03-2019 3/4

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is mentioned.

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Call for an explanation from the Court-concerned as to why bail bond of the petitioner was not accepted even provisionally and the petitioner is being harassed unnecessarily. The explanation must come within ten days.

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List this matter on 06.02.2019.”

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In pursuance of the order aforesaid, the learned 1^st Additional Sessions Judge-cum-Special Judge, Rohtas at Sasaram, submitted his show-cause dated 31.01.2019 and flatly denied the fact that any bail bond was filed in the case. However, the order sheet of the lower court record shows that on 03.08.2018 some order was to be written but the date was cutaway and order dated 12.10.2018 was recorded. Annexure-2 series would reveal that in fact the bail bond was produced before the Court-below along with petition duly stamped on 03.08.2018. Hence, explanation of the Court-below is not acceptable.

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Let the matter be placed before Hon’ble the Chief Justice for appropriate action against the Presiding Officer of the Court of 1^st Additional Sessions Judge, Rohtas at Sasaram.

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Further four weeks time from today is allowed to the petitioner to furnish bail bonds in pursuance of the order of this

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Patna High Court CR. MISC. No. 72926 of 2018(4) dt.27-03-2019 4/4

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Court dated 10.07.2018 passed in connection with Dehri

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(Indrapuri) P.S. Case No.425 of 2016.

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Accordingly, this application stands disposed of.

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(Birendra Kumar, J)

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Mkr./-

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U T

Madan Mohan Malvia v. The State Of Bihar

Case brief

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Madan Mohan Malvia v. The State Of Bihar

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