Patna High CourtCR. MISC./44656/2016dismissed

Satish Kumar Rai @ Satish Rai v. State Of Bihar And ANR

2016-12-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44656 of 2016 Arising Out of PS.Case No. -158 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Satish Kumar Rai @ Satish Rai, Son of Anirudh Rai, Resident of VillageBakuarpur, P.S. Pirpainti, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranjit Mishra @ Bhati Mishra, Son of Madhusudan Mishra, Resident of Village-Bakuarpur, P.S. Pripainti, District- Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-12-2016 The opposite party No. 2 has been granted regular bail by the court of learned 3rd Additional District and Sessions Judge, Bhagalpur in Pirpainti P. S. Case No. 158 of 2016 registered for the offence punishable under Sections 147, 148, 323, 504, 307, 379 and 427 of the Indian Penal Code. The petitioner who is the informant of the said First Information Report seeks cancellation of bail so granted to the opposite party No. 2 on the ground of seriousness of the offence and the nature of injuries which the informant and others had received. For the purpose of cancellation of bail the main consideration should be as to whether there has been any misuse of privilege of bail after release. There is no material on record to show that after release on bail, the opposite party No. 2 ever

Patna High Court Cr.Misc. No.44656 of 2016 (2) dt.06-12-2016 2/2 misused the privilege of bail.

Learned counsel appearing on behalf of the petitioner has submitted that in the present facts and circumstances learned court below ought not to have granted the opposite party No. 2, regular bail. I do not find the order granting bail passed by the learned court below to be wholly unjustified. In the facts and circumstances of the case, I do not find any merit in this application, which is accordingly dismissed. (Chakradhari Sharan Singh, J) Vats/- U T