Ram Balak Prasad Gupta @ Ram Balak Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8211 of 2018 Arising Out of PS. Case No.-131 Year-2017 Thana- RAJAULI District- Nawada ====================================================== Ram Balak Prasad Gupta @ Ram Balak Gupta S/o Bedu Prasad, R/o VillageDhamuchak, P.S.- Rajauli, District- Nawada. ... ... Petitioner

Versus

1. The State of Bihar.

2. Rupesh Kumar S/o Ram Bilas Prasad, R/o Village- Dhamuchak, P.S.- Rajauli, District- Nawada.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rina Sinha, Advocate For the Opposite Parties :

Mr. Suraj Narayan Prasad Sinha, Sr. Advocate Mr. Dheeraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2018 This criminal miscellaneous has been filed for cancellation of pre-arrest bail granted to opposite party no.2 by order dated 09.11.2017 passed in Cr. Misc. 51964 of 2017 on the ground that petitioner has concealed regarding the death of injured who died later on and Section 302 of the I.P.C. has also been added.

Heard the learned counsel for the petitioner as well as learned counsel for the opposite party no.2 and learned A.P.P. for the State.

Admittedly against the opposite party no.2 Rupesh Kumar in the F.I.R. there is no allegation for assaulting the injured deceased and considering this fact the opposite party

Patna High Court Cr.Misc. No.8211 of 2018(3) dt.07-03-2018 2/2 no.2 has been allowed pre-arrest bail, pre-arrest bail is granted under Section 302 I.P.C also and there is no bar. No other ground has been pointed out for cancellation of pre-arrest bail granted to opposite party no.2.

Under the circumstances, finding no merit in this criminal miscellaneous, the same stands dismissed.

(Jitendra Mohan Sharma, J.) Rajiv/- U T