Amrendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34764 of 2017 Arising Out of PS.Case No. -181 Year- 2015 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Amrendra Prasad Singh Son of Late Kameshwar Prasad Singh, resident of Kutri, P.S. Warshaliganj, District Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anjani Singh, Son of Shri Umesh Singh,

3. Pankaj Pathak Son of Shri Rabindra Pathak.

4. Madhoran Singh, Son of Late Rajendra Singh Al Resident of VillageKurti, P.s. Warisaliganj, District Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-08-2017 Heard learned counsel for the parties.

The Opposite parties are accused in Warisaliganj P. S. Case No. 181 of 2015, registered for the offences punishable under Sections 341,323,325,307,379/34 of the Indian Penal Code. They have been allowed anticipatory bail by an order, dated 14.08.2015, passed by the learned Sessions Judge, Nawada. This application has been filed seeking cancellation of their bail nearly after two years after passing of the order on 24.07.2017.

It is contended on behalf of the petitioner that the Court below took minor contradictions available in the First Information

Report for the purpose of release of the Opposite parties on bail. According to him, the Opposite parties have criminal antecedent, which they had apparently suppressed while seeking anticipatory bail.

Normally, bail granted to a person made accused in a criminal case needs be cancelled, if there is material to show misuse of privilege of bail by him or if he attempts to influence the witnesses or tamper with the evidence.

Though there is statement in the application that the Opposite parties are threatening the petitioner and the petitioner has informed the police in this regard, this application for cancellation of bail filed nearly two years after grant of bail, to me does not appear to be bona fide. No valid ground for cancellation of bail is available This application has no merit and it is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/- U