This order directs the lower court to cancel the petitioner's bail, which the District & Sessions Judge found was improperly granted after having been rejected by a superior court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27549 of 2020
Arising Out of PS. Case No.-16 Year-2020 Thana- RAMGARHWA District- East Champaran
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ASLAM ANSARI Son of Sarfullah Ansari @ Sarfulah Miyan Resident of Village - Budhwaha, Ward No. - 6, P.S.- Chhauradano, District - East Champaran at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjana, Adv. For the Opposite Party/s : Mr.S.M. Rahman, APP
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 05-01-2021
Heard learned counsel for the petitioner and learned APP for the State.
Vide order dated 10.12.2020, an enquiry report was called for which is received and marked at Flag-’Q’.
From perusal of the report, it appears that the learned District & Sessions Judge, East Champaran at Motihari has called for a detail report from the officer concerned and mentioning each and every aspect of the matter in the last but first paragraph of his report he has stated that as under:
“…….Considering the aforesaid facts and circumstances, in my view, Sri Sanjay Kumar-VI, learned Judicial Magistrate 1st Class, Raxaul at Motihari, knowing the fact that earlier the prayer for bail of the accused Aslam Ansari has already been rejected by the court of learned S.D.J.M.,
Patna High Court CR. MISC. No.27549 of 2020(4) dt.05-01-2021 2/2
Raxaul as well as by the court of learned 8th Additional Sessions Judge, East Champaran, Motihari, he has reconsidered the prayer for bail and granted bail to the accused Aslam Ansari, which appears to be improper, as the prayer for bail of the aforesaid accused has already been rejected by the superior court i.e. Court of Session…..”
After going through the report of the learned District
& Sessions Judge, in my view, nothing remains to be said.
Accordingly, the learned court below is directed to take appropriate steps to cancel the bail bond of the petitioner.
Registry is directed to place this matter before the Standing Committee for needful along with the report of the learned District & Sessions Judge, East Champaran at Motihari.
(Anjani Kumar Sharan, J)
devendra/-
U T
Aslam Ansari
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
