Umesh Bind And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34338 of 2017 Arising Out of PS.Case No. -131 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ===========================================================
1. Umesh Bind, S/o Shankar Bind,
2. Ram Awatar Bind S/o Ghura Bind,
3. Shankar Bind S/o Indradeo Bind, All R/o Village- Karari, Tola Bind Purwa, P.S.- Durgawati, District- Kaimur at Bhabua. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party =========================================================== Appearance :
For the Petitioner/s : Mr. Rajni Kant Pandey, Advocate For the Opposite Party no.2 : Mr. Rajesh Kumar Mishra, Advocate Mr. Shourendra Pandey, Advocate For the State : Mr. Jharkhandi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-08-2017 This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for setting aside the order dated 22.06.2017 passed by the learned Session Judge, Kaimur at Bhabua in Cr. Misc. No.54 of 2016 arising out of Durgawati P.S. Case No.131 of 2015 whereby the pre-arrest bail granted to the petitioners earlier by the learned Session Judge in ABP No.916 of 2016 has been cancelled.
Patna High Court Cr.Misc. No.34338 of 2017 dt.24-08-2017
2. From perusal of the record, it would be evident that the petitioners had obtained pre-arrest bail from the court of the learned Session Judge, Kaimur at Bhabua by suppressing the fact that their earlier pre-arrest bail application was already rejected by the learned Session Judge vide order dated 06.07.2015 passed in ABP No.705 of 2015.
3. In the opinion of this Court, if the order granting pre-arrest bail was obtained either by suppressing fact or playing fraud upon the court, no illegality can be found with the order passed by the learned Session Judge.
4. In that view of the matter, I see no merit in this application.
5. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.08.2017 Transmission 25.08.2017 Date