Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62466 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== Pradeep Kumar, Son of Mahesh Mandal @ Maheshwar Manjhi, Resident of Village - Itma, Itwan, P.S.- Wazirganj, Dist.- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sajan Manjhi, Son of Late Bandhu Manjhi, Resident of Village - Itma, Itwan, P.S.- Wazirganj, Dist.- Gaya.

3.

Anil Manjhi, Son of Sajan Manjhi, Resident of Village - Itma, Itwan, P.S.- Wazirganj, Dist.- Gaya.

4.

Rajesh Manjhi @ Rakesh Manjhi, Son of Sajan Manjhi, Resident of Village - Itma, Itwan, P.S.- Wazirganj, Dist.- Gaya.

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

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2019 This application under Section 439(2) of the Code of Criminal Procedure has been filed by the petitioner to cancel the bail bond of opposite party nos. 2 to 4, furnishing in the light of order dated 23.07.2019 passed in A.B.P. No. 85 of 2019/ 1173 of 2019, whereby the court of 4th Additional Sessions Judge, Gaya, granted privilege of pre-arrest bail to the opposite party nos. 2 to 4 in connection with Wazirganj P.S. Case No. 71 of 2019.

Learned counsel for the petitioner submits that while only one injury was found on the right hand of the informant but

Patna High Court CR. MISC. No.62466 of 2019(2) dt.17-10-2019 2/2 due to fracture, the injury was grievous in nature and similarly, one injury was found on the right forearm of Mahesh Mandal, father of the informant, grievous in nature but the learned 4th Additional Sessions Judge, Gaya, granted privilege of pre-arrest bail to the opposite party nos. 2 to 4 vide A.B.P. No. 85 of 2019/ 1173 of 2019 on 23.07.2019. Further submission is that occurrence took place when the informant and his father was engaged in constructing the house and the general allegation has been made against the opposite party nos. 2 to 4 and Sanjay Manjhi but nothing has been detailed about misused of privilege of pre-arrest bail by the opposite party nos. 2 to 4 in the present application.

In view of the aforesaid fact, I am not inclined to interfere in the order dated 23.07.2019 passed in A.B.P. No. 85 of 2019/ 1173 of 2019 and accordingly, this application stands dismissed.

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