Jai Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32208 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Jai Prakash Kumar, Son of Late Yadunandan Prasad Resident of VillageAhiyapur,P.O-Bikhanpura, P.S-Ahiyapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Sewak Ram, Son of Late Dhorha Ram Resident of Village-Dadar, P.S.- Ahiyapur, District-Muzaffarpur.

3.

Ram Prit Ram @ Ram Krit Ram, Son of Late Dhorha Ram Resident of Village-Dadar, P.S.-Ahiyapur, District-Muzaffarpur. 4.

Vinay Ram, Son of Ram Prit Ram @ Ram Krit Ram Resident of VillageDadar, P.S.-Ahiyapur, District-Muzaffarpur. 5.

Bhikhari Ram, Son of Ram Sewak Ram Resident of Village-Dadar, P.S.- Ahiyapur, District-Muzaffarpur.

6.

Manoj Ram Son of Ram Sewak Ram Resident of Village-Dadar, P.S.- Ahiyapur, District-Muzaffarpur.

7.

Ramai Ram, Son of Baddhu Ram, Resident of Village-Dadar, P.S.-Ahiyapur, District-Muzaffarpur.

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-08-2019 Petitioner is seeking cancellation of bail granted by learned Sessions Judge in ABP No.214 of 2019 dated 19.02.2019 whereby Opposite Party No.2 to 7 have been enlarged on anticipatory bail for the offences under Section 420, 406, 120 120(B), 467, 468/34 of the Indian Penal Code. Learned counsel for the petitioner submits that from perusal of the bail application filed by Opposite Party No.2 to 7,

Patna High Court CR. MISC. No.32208 of 2019(2) dt.22-08-2019 2/2 it would be evident that in paragraph 30 of the same, the Opposite Party No.2 to 7 have disclosed that they have got no criminal antecedent.

Learned counsel for the petitioner further refers to Annexure-4 at page 52 which is an FIR of Ahiyapur P.S. Case No.222 of 2015 dated 14.03.2015 lodged by the informant Lakshmania Devi in which Opposite party No.2 to 6 are accused persons. Learned counsel accordingly submits that Opposite Party 2 to 6 have concealed their antecedent before the Court below and the bail has been obtained by concealment of fact. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the learned Court below has granted bail on a different consideration and not merely on the ground that the Opposite Party No.2 to 7 have got no criminal antecedent, accordingly, I am not inclined to interfere with the present case and this application has got no merit and the same is hereby dismissed.

(Anil Kumar Sinha, J) sanjeev/- U T