Yamraj Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53663 of 2019 Arising Out of PS. Case No.-64 Year-2012 Thana- SIMRI District- Buxar ====================================================== Yamraj Kunwar, Son of Govind Kunwar, Resident of Village - Dumri, P.S.- Simri, Dist.- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aabha Devi, W/o Awadhesh Kumar, Resident of Village - Dumri, P.S.- Simri, Dist.- Buxar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and the learned counsel for the opposite parties.

This application, under Section 439(2) of the Code of Criminal Procedure, has been field on behalf of the petitioner to cancel the bail bonds of opposite party no. 2, as furnished by him in the light of order dated 23.07.2019 passed in Criminal Misc. No. 43948 of 2019, allowing the prayer of the opposite party no. 2 to grant him privilege of pre-arrest bail in connection with Simri P.S. Case No. 64 of 2012, pending in the court of Chief Judicial Magistrate, Buxar.

Learned counsel for the petitioner submits that earlier the prayer for pre-arrest bail of the opposite party no. 2 was

Patna High Court CR. MISC. No.53663 of 2019(3) dt.04-03-2020 2/2 refused vide order dated 21.03.2014 passed in Criminal Misc. No. 50359 of 2013, in spite of that the prayer for pre-arrest bail of the opposite party no. 2 has been allowed by this Court vide order dated 23.07.2019 passed in Criminal Misc. No. 43948 of 2019.

It appears that this Court has allowed the privilege of pre-arrest bail of the opposite party no. 2 taking into consideration the whole facts and circumstances. I find no reason to cancel the bail bonds of the opposite party no. 2 as furnished by him in connection with Simri P.S. Case No. 64 of 2012 in the light of order dated 23.07.2019 passed in Criminal Misc. No. 43948 of 2019. Accordingly, this application stands dismissed.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T