State Of Bihar v. Sinku @ Botal Mahto @ Shashi Kapoor Kushwaha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30635 of 2012 ====================================================== The State of Bihar .... .... Petitioner/s

Versus

Sinku @ Botal Mahto @ Shashi K .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Priya Sharan Singh For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and perused the record.

This petition has been filed for cancellation of bail, granted to the opposite party by this court vide order dated 27-01-2012 passed in Cr. Misc. No. 37357 of 2011 in connection with Agion (G) P. S. Case No. 66 of 2010 on the ground that after being released from jail custody, the petitioner committed an offence of bank dacoity for which, Ara Nawada P.S. Case No. 110 of 2012 was registered against him and accordingly, he misused the privilege of bail.

The case diary of Ara Nawada P.S. Case No.

110 of 2012 has been received from the court of learned Chief Judicial Magistrate, Bhojpur at Ara and it appears from perusal of the case diary that the name of the petitioner

Patna High Court Cr.Misc. No.30635 of 2012 (9) dt.01-07-2015 2/2 came in Ara Nawada P.S. Case No. 110 of 2012 on the basis of confessional statement of co-accused and, therefore, even if, the opposite party has been made accused in Ara Nawada P.S. Case No. 110 of 2012, in my view, the aforesaid ground is not sufficient to cancel the bail, granted to the opposite party in connection with Agion (G) P. S. Case No. 66 of 2010.

Accordingly, this petition stands dismissed on admission stage itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T