Patna High CourtCR. MISC./31156/2015dismissed

Krishna Ram v. State Of Bihar And ANR

2016-05-11Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31156 of 2015 Arising out of P.S. Case No. -135 Year- 2014 Thana - RAFIGANJ District- AURANGABAD =================================================== Krishna Ram Son of Parmeshwar Ram R/o village - Hajipur, P.O. + P.S. Rafiganj, District - Aurangabad (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Wahid Hussain Son of Late Abdul Sattar R/o village - Hajipur Gola, P.S. Rafiganj, District - Aurangabad ( Bihar ) .... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Anil Kr Singh No. 6, Adv. For the Opposite Party/s: Mr. Ram Shankar Das (Spl.APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

04. 11.05.2016 The Petitioner seeks cancellation of bail granted to the private Opposite Party No. 2 by orders dated 19.12.2014 and 15.04.2015 passed in Cr. Misc. Nos. 50818 of 2014 and 4894 of 2015 in connection with S.Tr. No. 82 of 2015/14 of 2015 arising out of Rafiganj P.S. Case No. 135 of 2014 pending before the Special Judge, SC/ST Act, Aurangabad. The then Petitioner now the private Opposite Party No. 2 was granted bail by order dated 19.12.2014 passed in Cr. Misc. No. 50818 of 2014 on the submission that the Petitioner has fair antecedents and, therefore, Condition No. (ii) was imposed. However, such an affidavit could not be filed that the Petitioner had criminal antecedents and, thus, he filed another bail application vide Cr. Misc. No. 4894 of 2015. In the said petition, the submission of the then Petitioner now

Patna High Court Cr.Misc. No.31156 of 2015 (3) dt.11-05-2016 the Opposite Party No. 2 was that he was an accused in two cases.

The Petitioner has filed this application for cancellation of bail of the said Petitioner (Opposite Party No.

2) on the ground that in fact he was an accused in five cases and not two cases and, thus, he made a wrong submission. I find from the order passed in the initial bail application that this Court had granted bail to him on the ground that all materials had already been collected since charge-sheet had been submitted. In view of such, I find no merit in the application. The same is dismissed. Vikash/- (Anjana Prakash, J.) U T