The State Of Bihar v. Maksudan Das

Patna High Court Cr.Misc. No.19979 of 2015 (2) dt.19-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19979 of 2015 Arising Out of PS.Case No. -24 Year- 2013 Thana -SIDHWARA District- DARBHANGA ======================================================

1. The State Of Bihar .... .... Petitioner/s

Versus

1. Maksudan Das S/o Dularchand Das resident of village- Gagaul, Police station - Singhwara, District- Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.08.2015 Heard learned Addl. Public Prosecutor for the State and perused the record.

This petition has been filed for cancellation of bail granted to the opposite party vide order dated 21.3.2014 passed in Cr. Misc. no. 39359/2013 in connection with Singhwara P.S. Case no. 24/2013 on the ground that villager gave a sanha to officer-in-charge of Singhwara police station against opposite party and officer-in-charge of Singhwara police station made an appropriate enquiry and found the complaint made against opposite party true. Annexure 2 is the said to be enquiry report of the officer-incharge of Singhwara police station but in the aforesaid enquiry report he does not name the person who had made complain against opposite party nor gives the number of the cases in which witnesses were terrorized.

Therefore, in my view, the aforesaid enquiry report of the

Patna High Court Cr.Misc. No.19979 of 2015 (2) dt.19-08-2015 officer-in-charge of Singhwara police station can not be made ground for cancellation of bail granted to opposite party in Singhwara P.S. Case no. 24/2013 and accordingly, this petition stands dismissed on admission stage itself.

Shahid (Hemant Kumar Srivastava,J) U T