IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20410 of 2007 MADAN SINGH Versus STATE OF BIHAR ----------- 17. 13-5-2008 In Cr. Misc. No. 20410 of 2007 Madan Singh who happens an accused in Bibhutipur Police Station Case No. 13 of 2002 under sections 147, 148, 149, 364, 302 of the Indian Penal Code and 27 of the Arms act was granted bail under order dated 11th May, 2007. The trial court of Additional Sessions Judge, Fast Track Court No.V, Samastipur sent information through Fax stating therein that the bail petition of the petitioner Madan Singh was earlier rejected in Cr. Misc. No. 7677 of 2007 on 28th March, 2007 by the Bench of Hon`ble Mr. Justice Dharnidhar Jha whereas he has been granted bail under order dated 11th May, 2007 passed in Cr. Misc. No. 20410 of 2007. Thereafter the case records of both the criminal miscellaneous cases were perused. From the perusal of the case record of Cr. Misc. No. 7677 of 2007 it appeared that accused petitioner Madan Singh was the main assailant as per the fardbeyan of the informant and hence the bail petition was rejected. Thereafter the present Cr. Misc. No. 20410 of 2007 was filed on 30th April, 2007 in which the fact of rejection of bail petition of Madan Singh was suppressed at para-2 of the bail petition wherein it was stated that petitioner has not moved this Hon`ble Court either for grant of anticipatory bail or for regular bail on earlier occasion. It also appeared that in the typed copy of the fardbeyan Mukesh Singh appeared to have been typed in place of the petitioner Madan Singh. From the perusal of the fardbeyan it - 2 - appeared that Madan Singh has been named as Mukesh Singh and as a result the allegation of main assailant against the petitioner Madan Singh went away and he simply remained an order giver and hence the petitioner Madan Singh was granted bail under order dated 11th May, 2007 passed in this criminal miscellaneous case. As such the bail order was obtained by the accused petitioner Madan Singh by suppressing the fact that his bail petition was earlier rejected on 28th March, 2007 under Cr. Misc. No. 7677 of 2007 and also by placing the name of Mukesh Singh in place of Madan Singh. Thereafter a show cause notice was issued against the petitioner Madan Singh as to why bail order dated 11th May, 2007 passed in this criminal miscellaneous case be not cancelled and show cause was also issued to the lawyer namely, Shri Mani Bhushan Kumar and also to the deponent of the affidavit Birendra Singh as to why they should not be proceeded in accordance with law. The operation of the order granting bail to the petitioner Madan Singh was stayed until further orders. Show cause has been filed on behalf of accused petitioner Madan Singh and also on behalf of the deponent Birendra Singh. In spite of best efforts taken, Mani Bhushan Kumar, advocate, could not be traced out and hence the notice to show cause was not served upon him. Learned lawyer for the accused Madan Singh and the learned lawyer for the deponent Birendra Singh as well as learned State counsel were heard. Learned lawyer for the accused Madan Singh submitted that - 3 - petitioner was inside the jail and he had got no knowledge that his bail petition was filed after rejection of the earlier bail petition. Therefore, he submits that petitioner is innocent. Learned lawyer for the deponent Birendra Singh stated that Birendra Singh did not swear any affidavit and the signature on the alleged document was denied. Learned State counsel now submits that in the facts and circumstances of the case, petitioner accused Madan Singh, deponent of the affidavit Birendra Singh and advocate Mani Bhushan Kumar be exempted from proceeding and bail bond of petitioner accused Madan Singh be cancelled. Considered the submissions made on behalf of both sides and the show cause submitted. The bail granted to the petitioner accused Madan Singh under order dated 11th May, 2007 is hereby cancelled. In the facts and circumstances of the case, the matter against petitioner accused Madan Singh, deponent Birendra Kumar and advocate Mani Bhushan Kumar for proceeding in accordance with law is hereby dropped. rkp (Anwar Ahmad, J)