The State Of Bihar v. Lal Mohan Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38168 of 2015 Arising Out of PS.Case No. -75 Year- 2013 Thana -BANIAPUR District- SARAN ====================================================== The State Of Bihar .... .... Petitioner/s

Versus

Lal Mohan Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Ashfaque Ahmad For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-01-2016 Heard the parties.

The only ground taken by the State of Bihar for cancellation of bail of the opposite party granted by this Court by order dated 24.06.2015 passed in Cr. Misc. No. 15737 of 2015 is the alleged suppression of facts while making application for grant of bail.

Indisputably, the prayer for bail of the accused opposite party was earlier rejected by order dated 19.05.2014 passed in Cr. Misc. No. 9568 of 2014 with certain observations. Thereafter, fresh petition of bail was filed giving rise to Cr. Misc. No. 15737 of 2015, which was allowed by the order dated 24.06.2015. Admittedly, before passing order of bail, the learned Additional P.P appearing on behalf of the State was heard, but he did not point out about the suppression of material facts by the accused opposite party.

That being the position, this Court does not find any good ground to cancel the bail-bound of the opposite party. It is well settled that grant of bail to an accused stands on one footing, but the cancellation of bail granted to the accused stands on

Patna High Court Cr.Misc. No.38168 of 2015 (2) dt.27-01-2016 2/2 altogether different footing.

The present application seems to be completely misconceived and is, accordingly, dismissed.

(Birendra Prasad Verma, J) BTiwary/Brajesh-III U T