Usha Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15330 of 2018 Arising Out of PS. Case No.-48 Year-2017 Thana- JADOPUR District- Gopalganj ====================================================== Usha Devi W/o- Late Sanjay Yadav, Resident of Village- Bishambharpur, P.S.- Nautan, District- Bettiah.

... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Kanhaiya Yadav, S/o- Ramakant Yadav, Resident of Village- Sapahiya, P.S.- Bishambharpur, District- Gopalganj.

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-02-2020 Heard the parties.

This application has been filed for cancellation of bail granted to O.P.no.2 by the learned Sessions Judge, Gopalganj in connection with Yadopur P.S.Case no.48 of 2017 for the offence under Section 147 and other Section of the Indian Penal Code and later on Section 302 of the IPC has also been added and Section 27 of the Arms Act.

Ground of cancellation of bail of O.P.no.2 by the learned counsel for the petitioner is that there is specific allegation against the petitioner that he fired on the deceased causing injury to him and while dealing the case of another accused, the learned court below has also found that injury is

Patna High Court CR. MISC. No.15330 of 2018(6) dt.19-02-2020 2/2 serous in nature but he has granted bail to O.P.no.2 as such he has prayed for cancellation of bail of O.P.no.2. Heard learned APP and on perusal of the impugned order, it appears that the learned Sessions Judge considering the fact that there is allegation against the O.P.no.2 of causing fire arm injury on the leg of the deceased but no such fire arms injury was found on the deceased has granted regular bail as such I find nothing wrong in the order passed by the Addl. Sessions Judge, Gopalganj.

Accordingly, this application is dismissed.

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