Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4771 of 2023 Arising Out of PS. Case No.-133 Year-2019 Thana- PARAIYA District- Gaya ====================================================== Soni Devi Wife of Late Shiyasharan Yadav Resident of village- Sikandarpur, P.O.- Dharamshala, P.S.- Paraiya, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nawal Yadav Son of Chandar Yadav Resident of Village- Sikandarpur, P.S.- Paraiya, District- Gaya 3.

Satyendra Yadav Son of Chaneshar Yadav Resident of Village- Sikandarpur, P.S.- Paraiya, District- Gaya 4.

Kapil Yadav Son of Balchand Yadav Resident of Village- Sikandarpur, P.S.- Paraiya, District- Gaya 5.

Chandar Yadav @ Ramchander Yadav Son of Mohan Yadav Resident of Village- Sikandarpur, P.S.- Paraiya, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Veer, Advocate For the State :

Mr.Ram Priya Sharan Singh, APP For the O.Ps. : Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the opposite parties.

The petitioner has filed the present petition for cancellation of bail granted to opposite party nos. 2 to 5 vide order dated 28.09.2022 passed in Cr. Misc. No. 69677 of 2021 and other analogous cases.

The ground cropped up by learned counsel for the petitioner for cancellation of bail is that the opposite party nos. 2

Patna High Court CR. MISC. No.4771 of 2023(5) dt.12-04-2023 2/2 to 5 have been threatening the informant and the witnesses apart from the contentions regarding merit of the case on which the bail has been granted.

Since the merit of the case was considered while granting bail to opposite party nos. 2 to 5, the same cannot be reagitated again. Insofar as contention of learned counsel for the petitioner regarding threat being given by the opposite party nos. 2 to 5 is concerned, the same is not supported by any documentary evidence. The petitioner has not brought on record any document showing that any complaint was made to the authorities or to the court concerned.

Under the aforesaid circumstances, I am not inclined to accept the prayer made by the petitioner and hence, the prayer for cancellation of bail stands rejected.

Accordingly, this application is dismissed.

(Arun Kumar Jha, J) DKS/- U T