Surya Prakash Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62436 of 2019 Arising Out of PS. Case No.-471 Year-2018 Thana- BANIAPUR District- Saran ====================================================== SURYA PRAKASH DAS Son of Ved Prakash Das Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

... ... Petitioners.

Versus

1.

The State of Bihar 2.

Shyam Bihari Das Son of Purushottam Das Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

3.

Anmol Kumar Das Son of Shyam Bihari Das Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

4.

Ravi Ranjan Son of Shyam Bihari Das Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

5.

Ambika Bhushan Das Son of Om Prakash Das Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

6.

Bharat Bhushan Das Son of Om Prakash Das Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

7.

Kunal Bhushan Das Son of Om Prakash Das Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

8.

Aditya Kumar Das Son of Bipin Bihari Das Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

9.

Lalit Kuwar Son of Lalan Kuwar Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

10.

Lavaleet Kumar Son of Lalit Kuwar Resident of Village - Hariharpur, P.S.- Baniyapur, Distt - Saran.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Manish Jha, Advocate.

For the State :

Dr. Mrityunjaya Kr. Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2019 Heard.

This application, under Section 439(2) of the Code of Criminal Procedure, has been filed on behalf of the petitioner to cancel the bail bonds of the opposite party nos.2 to 10, as furnished

Patna High Court CR. MISC. No.62436 of 2019(2) dt.17-10-2019 2/2 by them in the light of the order dated 13.03.2019 passed by the 11th Additional Sessions Judge, Saran at Chapra, in A.B.P. No.332 of 2019, allowing the prayer of the opposite party nos.2 to 10 to grant them the privilge of pre-arrest bail in connection with Baniyapur P.S. Case No.471 of 2018 registered under Sections 436, 457, 380 and 506 of the Indian Penal Code besides Section 3 of the Explosive Substance Act and Section 27 of the Arms Act. No reason has been assigned by the learned counsel for the petitioner to cancel the bail bonds of the opposite party nos.2 to 10 except that they have criminal antecedents. Moreover, nowhere, in this application it has been mentioned that the opposite party nos.2 to 10 have misused the privilege of pre-arrest bail. Accordingly, I find no reason to cancel the bail bonds of the opposite party nos.2 to 10, as furnished by them in the light of the order dated 13.03.2019 passed by the 11th Additional Sessions Judge, Saran at Chapra, in A.B.P. No.332 of 2019.

In the result, this application stands dismissed. (Rajendra Kumar Mishra, J) P.S./- U