Awadhesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50567 of 2013 Arising Out of PS.Case No. -36 Year- 2013 Thana -THAWE District- GOPALGANJ ====================================================== Awadhesh Kumar S/O Late Nagina Manjhi Resident Of Village- Bedu Tola, P.S.- Thawe, District- Gopalganj .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Iftekhar Haidar Son Of Late Zulfikar Haidar Resident Of VillageJagmalwa, P.S.- Thawe, P.O.- Thawe, District- Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-10-2016 Heard learned counsels for the petitioner and the State.

The present application has been filed for cancellation of bail, granted to opposite party no. 2 vide order dated 30.09.2013 passed in Cr. Misc. No. 25097 of 2013 in connection with Thawe P.S. Case No. 36 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 384, 427 & 504 of the Indian Penal Code and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, pending in the court of learned Chief Judicial Magistrate, Gopalganj. Learned counsel for the petitioner submits that the accusation against the petitioner has not been considered in

Patna High Court Cr.Misc. No.50567 of 2013 (2) dt.19-10-2016 2/2 true perspective.

It is well settled law that the parameter of grant of bail and its cancellation are quite different. The opposite party no. 2 was granted bail vide order dated 30.09.2013 but there is nothing on the record to suggest that since then opposite party no. 2 has misused the privilege of bail.

In the circumstances, this Court is not inclined to interfere. Accordingly, this application is dismissed. (Dinesh Kumar Singh, J) DKS/- U T