The main legal point established is that the maintainability of anticipatory bail applications depends on the cancellation or forfeiture of bail bonds, and cooperation in the trial is essential.

JUDGMENT

Anant Bijay Singh, J. (CAV) – All the five anticipatory bail applications arise out of different F.I.Rs, but in all the anticipatory bail applications similar question of law is involved; whether when during course of investigation the petitioners were released on police bail or bail was granted by the court below and subsequently after completion of investigation, police has submitted final form and cognizance has been taken by the court below in nonbailable sections differing with the opinion of the police, in this circumstances, whether anticipatory bail application is maintainable, in view of the fact that the bail bonds submitted by the petitioners were not cancelled and summons/bailable warrant of arrest and nonbailable warrant of arrest was issued; all the anticipatory bail applications were heard together. Before answering the aforesaid questions the brief facts of the case are as under :

A.B.A. No.2775 of 2016

2. The petitioners are apprehending their arrest in connection with Sukhdeonagar P.S. Case No. 135 of 2015, corresponding to G.R. No. 7143 of 2015 for the offence registered under sections 341, 342, 323, 325, 307 and 34 of the Indian Penal Code.

3. Record reveals that;

i. As per paragraph Nos. 69 and 70 of the case diary, the petitioners were granted bail by the police on 12.02.2016.

ii. The police after investigation, submitted Final Form No. 88 of 2016 dated 25.02.2016 under sections 341, 342, 323, 325/34 of the I.P.C. against the petitioners showing the petitioners on police bail.

iii. The learned C.J.M differing with the opinion of the police took cognizance of the offence under sections 341, 342, 323, 307, 34 of the I.P.C by order dated 27.02.2016 and directed to issue N.B.W against the petitioners.

iv. The court below has not cancelled bail of the petitioners granted by police till date, nor has passed any order in terms of provision of Section 436(2) Cr.P.C.

A.B.A. No. 779 of 2017

4. The petitioners are apprehending their arrest in connection with Maheshpur P.S. Case No. 08 of 2016, corresponding to G.R. No. 32 of 2016 for the offence under sections 427, 379, 504, 447/34 of the Indian Penal Code. Record reveals that;

i. The petitioners were granted police bail.

ii. The police after completion of investigation, submitted Final Form No. 72 of 2016 under sections 447, 427, 504, 34 of the I.P.C.

iii. The learned C.J.M, Pakur differing with the opinion of the police took cognizance of the offence under sections 448, 427, 504, 323, 457(1), 34 of the I.P.C by order dated 09.06.2016 and directed to issue summons to the petitioners.

iv. The court below has not cancelled bail of the petitioners granted by police till date, nor has passed any order in terms of provision of Section 436(2) Cr.P.C.

A.B.A. No. 2519 of 2016

5. The petitioners are apprehending their arrest in connection with Itkhori P.S. Case No. 70 of 2011, corresponding to G.R. No. 701 of 2011 although F.I.R. was instituted under sections 323, 341, 504/34 of the Indian Penal Code but court below has taken cognizance on the basis of charge sheet under sections 323, 307, 504/ 34 of the Indian Penal Code.

6. Record reveals that;

i. The petitioners had surrendered before the Court below on 16.09.2011 and they were granted bail by Sri Tarun Kumar, Civil Judge, Junior Division IV, Chatra by order dated 29.09.2011.

ii. The police after completion of investigation, submitted Final Form under sections 323, 307, 504, 34 of the I.P.C.

iii. The Civil Judge, Junior Division IV, Chatra by order dated 16.09.2012 has taken cognizance of the offence under sections 323, 307, 504, 34 of the I.P.C

(iv). The bailable warrant was issued on 13.01.2014 and N.B.W was issued on 11.02.2014. Fresh N.B.W was issued on 25.04.2015.

v. The court below has not cancelled bail of the petitioners granted by the learned court earlier and issued non-bailable warrant of arrest.

A.B.A. No. 1107 of 2016

7. The petitioners are apprehending their arrest in connection with Jaridih P.S. Ca