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Patna High CourtCR. MISC./490/2017dismissed

Jai Prakash Sah v. The State Of Bihar And ORS

2017-01-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.490 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -RAJAUN District- BANKA =====================================

1. Jai Prakash Sah, Son of Late Dhanushdhari Sah, resident of Village - Gopalpur, P.S. Rajoun, District Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kishun Sah @ Ram Kishun Sah, Son of Pati Pudin Sah, resident of Village Mahesh Litti, P.S. Sajour, District - Bhagalpur.

3. Ashok Sah, Son of Chandar Sah, Resident of Village Nath Nagar, P.S. Nath Nagar, District - Bhagalpur. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mrs. Anita Kumari ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2017 Heard the parties.

The present application, under Section 439(2) of the Code of Criminal Procedure, has been filed seeking cancellation of bail granted to opposite party Nos. 2 and 3, who are on bail in connection with Rajaun P.S. Case No. 104 of 2016, registered for the offences punishable under Sections 341, 323, 420, 364, 504 and 506/34 of the Indian

Patna High Court Cr.Misc. No.490 of 2017 (2) dt.16-01-2017 2/2 Penal Code, on the ground that they have sent threatening letters.

On perusal of the record, I find that over and above the said allegation, there is absolutely no material to show that the said opposite parties have misused the privilege of bail. I do not find that the petitioner has been able to make out a case for cancellation of bail. This application has no merit and is, accordingly, rejected.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T