Patna High CourtCR. MISC./29712/2013dismissed

The State Of Bihar v. Ram Dayal Singh

2016-10-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29712 of 2013 Arising Out of PS.Case No. -266 Year- 2011 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. The State Of Bihar .... .... Petitioner/s

Versus

1. Ram Dayal Singh S/O Late Babu Ram Singh Resident Of VillageBishunpur Pandey Panapur (O.P.), P.S.- Minapur, P.O.- Bishanpur, District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parmeshwar Mehta For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-10-2016 The present application has been filed by the State of Bihar for cancellation of bail of opposite party who was granted bail vide order dated 08.12.2011 passed in Cr. Misc. No. 41359 of 2011 in connection with Minapur P.S. Case No. 266 of 2011 registered under Sections 395, 397 of the Indian Penal Code.

The opposite party was granted bail since his name sprang up on confession of the co-accused, though he subsequently also made confession but there was no recovery from the opposite party nor opposite party was put on test identification parade.

The cancellation of bail has been sought for on the ground that after grant of bail, on 19.10.2012, Minapur P.S. Case No. 285 of 2012 was registered against the opposite party under Section 387 of the Indian Penal Code.

Patna High Court Cr.Misc. No.29712 of 2013 (2) dt.19-10-2016 2/2 In view of this Court, the parameters for grant of bail and its cancellation are quite different. There is nothing on the record to suggest the stage of the subsequent case. Moreover, since the opposite party has enjoyed the privilege of bail since 2011 and the subsequent case was also lodged in 2012, this Court is not inclined to interfere. The application stands dismissed in connection with Minapur P.S. Case No. 266 of 2011. (Dinesh Kumar Singh, J) Shageer/- U T