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Patna High CourtCR. MISC./53123/2018dismissed

Birendra Kumar @ Virendra Kumar v. The State Of Bihar And ORS

2019-08-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53123 of 2018 Arising Out of PS. Case No.-286 Year-2016 Thana- GAURICHAK District- Patna ====================================================== Birendra Kumar @ Virendra Kumar S/o Sri Deep Narayan Sah, resident of Village- Jalalpur- Gangti, P.O. Fular, P.S. Mahua, District- Vaishali. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Dhananjay Singh, S/o Shukh Nandan Singh 3.

Chahakrani Devoi, W/o Dhananjay Singh 4.

Pappu Singh S/o Dhananjay Singh O.P. No.- 2,3 and 4 resident of VillageFhatepur, P.S.- Didarganj, District- Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-08-2019 No one appears for the petitioner.

Perused the application filed by the petitioner. This application under Section 439(2) of the Code of Criminal Procedure has been filed by the petitioner for cancellation of pre-arrest bail granted to the opposite party nos. 2 to 4 vide order dated 06.07.2017 passed in Cr.Misc. No. 21092 of 2017 in connection with Gaurichak P.S. Case No. 286 of 2016.

The aforesaid Gaurichak P.S. Case No. 286 of 2016 was registered for the offences punishable under Sections 341, 323, 406 and 420 read with 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.53123 of 2018(2) dt.21-08-2019 2/2 The opposite party nos. 2 to 4 were granted pre-arrest bail taking into consideration the nature of allegation as also the fact that they have got no criminal antecedent and having got roots in the society were not likely to flee from justice. There is no pleading on the basis of which it can be said that any ground for cancellation of pre-arrest bail granted by this Court is made out.

The application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T