Ram Bahadur Mahto v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26744 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -MANSURCHAK District- BEGUSARAI ====================================================== Ram Bahadur Mahto Son of Late Ram Khelawan Mahto Resident of Village- Samsa Tola Usrauli, P.S.- Mansurchak, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ram Ratan Das, Son of Saryug Das
3. Sunil Kumar @ Sunil Das, Son of Ram Bilas Das. Opposite Party No.2 and 3 Resident of Village- Kastoli, Samsa, P.S.- Mansurchak, District- Begusarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shankar Kumar For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2017 In the present case, the petitioner is making a prayer for cancellation of the bail granted to the opposite party no.2 & 3 vide order dated 29.2.2016 passed in Cr. Misc. No. 6324 of 2016. That case also relates to execution sale deed which led to lodging of the criminal case.
Learned counsel for the petitioner submits that after release from the jail custody, the opposite party nos. 2 & 3 entered into the house of the petitioner and started manhandling which led to lodging of the Mansurchak P.S. Case No. 19 of 2016 for offence under Sections 147, 148, 149, 341, 323, 447, 379, 504, 506/354 of the Indian Penal Code in which an allegation has been
Patna High Court Cr.Misc. No.26744 of 2016 (5) dt.26-04-2017 made to have caused grievous injury on the body of the petitioner. This Court has earlier issued notice to the opposite party nos. 2 & 3 and it has been submitted with respect to that incident, counter case has been lodged by the opposite party no.2 against the present petitioner but, in that case, the police has submitted final form and the matter is still pending for consideration after filing of the protest petition by the opposite party no.2.
For the present, this Court is not inclined to cancel the bail of the opposite party nos. 2 & 3 but, a stern warning is given to them that if they will engage themselves in any such nefarious activities, this Court will have no other alternative option but to pass a harsh order against them.
This application is, accordingly, dismissed with a direction to the court below to expedite the trial. (Shivaji Pandey, J) Rishi/- U T