Asharfi Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59518 of 2017 Arising Out of PS.Case No. -43 Year- 2015 Thana -DARAUNDHA District- SIWAN ====================================================== Asharfi Mahto .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Varma For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This application has been filed for cancellation of bail to Opposite Party no. 2 to 5, who had been granted bail vide order dated 10.08.2017, passed in Cr. Misc. No. 36540 of 2017. Submission of learned counsel for the petitioner is that deceased has been killed and several anti mortem injuries were found on the person of the deceased. Further the case could not been lodged immediately as there was some confusion with respect to jurisdiction of the police station and all the opposite parties were living with the deceased in the same house and had brutally killed the daughter of the petitioner. Heard learned A.P.P. also.

Having heard both sides from perusal of the order

Patna High Court Cr.Misc. No.59518 of 2017 (2) dt.06-12-2017 2/2 dated 10.08.2017, passed in Cr. Misc. No. 36540 of 2017 it appears that opposite party no. 2 to 5 were granted the privilege of bail as there was no specific allegation attributed against them rather the allegation was only general and omnibus in nature. Considering the facts and circumstances of the case, I am not inclined to interfere with the order dated order dated 10.08.2017, passed in Cr. Misc. No. 36540 of 2017 Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) siddharth/- U T