Patna High CourtCR. MISC./4220/2015dismissed

Rameshwar Saw v. State Of Bihar And ANR

2015-05-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4220 of 2015 Arising Out of PS.Case No. -252 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Rameshwar Saw, S/o Late Meba Saw, Resident of Mohalla-Jhing Nagar, P.S-Bihar, Distt.-Nalanda .... .... Petitioner

Versus

1. The State of Bihar

2. Aman Kumar, Son of Jawahar Lal, Resident of Mohalla-Sabji Bazar, P.O+P.S-Bihar, Distt.-Nalanda .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan,(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 06-05-2015 The present application under Section 439(2) of the Code of Criminal Procedure has been filed for cancellation of bail granted to the opposite party no. 2 vide order dated 20.10.2014 passed in Cr. Misc. No. 39561 of 2014 by this Court in connection with Bihar P.S. Case No. 252 of 2014. It is contended that after being released on bail, the petitioner is being threatened by opposite party no. 2 to compound the offence. A representation in this regard has also been made by the petitioner to the Director General of Police on

Patna High Court Cr.Misc. No.4220 of 2015 (4) dt.06-05-2015 2 / 2 4th December, 2014.

It would appear from the aforementioned order dated 20.10.2014 that the opposite party no.2 has been made accused in a case registered under Sections 302 & 201 read with 34 of the Indian Penal Code on the basis of suspicion alone. There is no other cogent material on record on the basis of which it can be said that the opposite party, after being released on bail, has indulged in any sort of illegal activity. The filing of a representation by the informant to a police officer in itself cannot be considered to be a ground for cancellation of bail. In that view of the matter, I find no merit in this application.

Accordingly, the application is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- U T