Patna High CourtCR. MISC./28763/2012dismissed

The State Of Bihar v. Umakant Dubey @ Uma Dubey

2015-12-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28763 of 2012 ======================================================

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

Versus

1. Umakant Dubey @ Uma Dubey S/O Late Jagdish Dubey R/O Village - Jhumardihara, P.S. Baroon, District - Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Sinha For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-12-2015 Heard learned Additional Public Prosecutor appearing for the State as well as learned counsel, appearing for opposite party.

This petition has been filed for cancellation of bail, granted to opposite party vide order dated 28-06-2011 passed in Cr. Misc. No. 17182 of 2011 in connection with Kutumba P.S. Case No. 18 of 2010 corresponding to Trial No. 4014 of 2011 on the ground that on being released from custody, opposite party again committed an offence for which, Baroon P.S. Case No. 247 of 2011 under Sections-307, 504 of the Indian Penal Code and Section-25(i-B)A, 26/35 of the Arms Act was registered. Learned Addl. Public Prosecutor submits that in the above-said Baroon P.S. Case No. 247 of 2011, opposite party was made named accused and opposite party appeared to be a habitual

Patna High Court Cr.Misc. No.28763 of 2012 (8) dt.16-12-2015 2/2 criminal because prior to institution of the aforesaid case, he was made accused in several cases, detail of which; has been given at paragraph-8 of the petition.

Learned counsel, appearing for opposite party refuted the above-said submission, pointing out that Baroon P.S. Case No. 247 of 2011 was lodged by agnate of the opposite party on account of land dispute and as a matter of fact, there was counter case also of the above-said Baroon P.S. Case No. 247 of 2011. It is further contended by him that so far as criminal antecedent of the petitioner is concerned; he has already been acquitted in almost all the cases barring a few.

Considering the aforesaid submissions as well as facts and circumstances of the case, I do not find any ground to cancel the bail, granted to the opposite party vide order dated 28-06-2011 passed in Cr. Misc. No. 17182 of 2011.

Accordingly, this cancellation petition stands dismissed.

(Hemant Kumar Srivastava, J) A.K.V./- U T