Ram Pati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.681 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- NADI P.S. District- Patna ====================================================== Ram Pati Devi wife of Amak Ray @ Amar Ray. Resident of VillageMaujipur, P.O.- Fatuha, P.S.- Nadi Mauzipur (Fatuha), District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ram Pravesh Rai son of Bhulatan Rai 3.

Rajiv Kumar son of Ram Pravesh Rai 4.

Chottu Kumar son of Ram Pravesh Rai 5.

Tutu Kumar son of Ram Pravesh Rai 6.

Om Rai son of Buletan Rai. All are resident of Village- Mauzipur, P.O.- Fatuha, P.S.- Nandi, District- Patna.

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-09-2019 No one appears on behalf of the petitioner.

This application under Section 482 of the Code of Criminal Procedure is for cancellation of bail granted to opposite party Nos.2 to 6, vide order dated 15.10.2018 passed by the court of learned Additional Chief Judicial Magistrate-V, Patna City, Patna in connection with Nadi Police Station Case No.165 of 2018, a case registered under Sections 341, 323, 307, 379, 354, 504/34 of the Indian Penal Code.

The learned court below has considered the merit of the allegation as well as the fact that most of the offences

Patna High Court CR. MISC. No.681 of 2019(2) dt.16-09-2019 2/2 alleged are bailable one.

Heard learned counsel for the State.

I do not find any reason to interfere with the impugned order, especially when the law is well settled that grant of bail in a non-bailable case and its cancellation stand on different consideration. Unless a clear case of misuse of privilege of bail is made out in such type of allegations normally courts grant bail. Therefore, this application has got no merit. Accordingly, it stands dismissed.

(Birendra Kumar, J) abhishek/- U T