AKHILANAND UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) It appears that one Akhilanand Upadhyay filed a petition for anticipatory bail under section 438 of the Code of Criminal Procedure (in short the 'Code') on 12.12.1994. The matter was placed before the Bench presided over by me on 13.12.1994 and after hearing the parties I allowed the prayer for anticipatory bail of the petitioner, and ordered that in the event of his arrest or surrender he shall be released on bail on his furnishing bail bound of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Dumka in connection with Dumka town PS Case No. 125/94, subject to the conditions laid down under section 438 (3) of the Code.

(2.) It, however, appears that the Chief Judicial Magistrate, Dumka vide his letter dated 3.2.1995 (placed at Flag D) addressed to the Registrar-General of this Court informed that earlier the prayer for bail of Akhilanand Upadhyay was rejected on 1.12.1994 in Cr. Misc. No. 16354/1994 but again on 13.12.1994 his anticipatory bail petition was allowed in Cri. Misc. No. 18182 of 1994 by a different Bench (meaning thereby the Bench presided over by me and in pursuance of the order the petitioner surrendered in this court and he was enlarged on bail. In this letter the learned Chief Judicial Magistrate has observed as follows:

(3.) This letter of the learned Chief Judicial Magistrate at Flag D, was, however, placed before another Bench presided over by Dharampal Sinha, J who passed an order in the matter on 16.2.1995. From this order it appears that the learned Single Judge (Dharampal Sinha, J) after going through the contents of this letter observed that by making wrong averment in the bail petition in Cr. Misc. No. 18182 of 1994 that this court had not been moved earlier in the matter and suppressing the fact of earlier rejection the petitioner was able to obtain the anticipatory bail by the order dated 13.12.1994. He ordered the matter to be placed before the Bench by which the order dated 13.12.1994 was passed. He further directed the Chief Judicial Magistrate, in the meantime not to act on the subsequent order of the Bench dated 13.12.1994 (emphasis supplied). Accordingly the matter was placed before me and by order dated 22.2.1995 I asked the petitioner to show cause why the bail granted to him by me by the order dated 13.12.1994 be not cancelled.