- (1.) ANTICIPATORY bail application filed by Nimai Chandra Mahto, is moved by Sri Abhijeet Kumar Singh, learned counsel for the petitioner and opposed by Smt M. Palit, learned Additional P.P. for the State.
(2.) IT is submitted that earlier petitioner was granted anticipatory bail vide order dated 03.09.2010 by this Court and he has been directed to surrender in the court below within ten days. However, he could not surrender in the court below by that time because he was suffering from viral fever. Accordingly, it is submitted that because of nonsurrender of petitioner within stipulated period, the anticipatory bail order has become infructuous. Hence, the present application filed. Since, petitioner was previously granted anticipatory bail after considering the merit of the case, I allow this application and direct the petitioner to surrender in the court below by 5th of April, 2011 and in the event of his surrender, the learned court below is directed to enlarge him on bail on his furnishing bail bond of Rs. 10,000/ (Ten Thousand) with two sureties of the like amount each to the satisfaction of J.M., Bermo at Tenughat, in connection with Complaint Case No. 163 of 2009 corresponding to T.R. No. 938 of 2010, subject to the condition as laid down under section 438(2) of the Cr.P.C.;