Patna High CourtCR. MISC./28651/2012dismissed

Ram Charitra Singh And ANR v. The State Of Bihar

2017-04-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28651 of 2012 ======================================================

1. Ram Charitra Singh S/O Late Kashinath Singh Resident Of Village Lai, P.S. Kajara, District Lakhisarai.

2. Raman Kumar S/O Ram Chalitra Singh Resident Of Village Lai, P.S. Kajara, District Lakhisarai.

.... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2017 None appears for the petitioners. However, learned APP for the State is present.

The present application has been filed for quashing the order dated 20.4.2012 passed by the learned Judicial Magistrate Ist Class, Patna in Patrakar Nagar P.S. Case No. 215 of 2010 whereby the bail granted to the petitioners vide order dated 19.4.2011 passed in Cr. Misc. No. 2637 of 2011 has been cancelled.

The petitioners were granted bail in a case registered under sections 406,420,467,468,471 and 120B IPC by this Court with a rider that the learned court below will accept the bail bonds provisionally and to confirm the same within a period of two

Patna High Court Cr.Misc. No.28651 of 2012 (3) dt.04-04-2017 2/2 months when it is found that the petitioners have no criminal antecedent. This stipulation in bail granting order was made since a statement in paragraph 3 of the main bail petition was made that the petitioners have no criminal antecedent but the learned court below, on verification, found that apart from Patrakar Nagar P.S. Case No. 215 of 2010 wherein the petitioners have been chargesheeted vide chargesheet dated 20.7.2011, they are also accused in Kankarbagh P.S. Case No. 51 of 2010 registered under sections 420,467,468,471 and 120B IPC and Patrakar Nagar P.S. Case No. 56 of 2010 registered under sections 420,461 and 468/34 IPC.

Keeping in view of the aforementioned liberty given to the learned court below and the bail bonds of the petitioners have been cancelled in pursuance to the said liberty, this court finds no error in the impugned order.

Accordingly, the order dated 19.4.2011 passed in Cr. Misc. No. 2637 of 2011 is hereby rescinded.

This application is, accordingly, dismissed.

(Dinesh Kumar Singh, J) Anil/- U T