The court examined an application to cancel bail granted to the opposite party No. 2. Rejecting the petitioner's claims regarding dropped proceedings, the judge found no justifiable ground for cancellation and dismissed the application.
Application for cancellation of bail of Opposite Party No. 2 dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50498 of 2012
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
4 04-09-2013 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the Opposite Party No. 2.
This is an application for cancellation of bail granted by this Court to Opposite Party No.2 vide order dated 11.10.2012 passed in Cr. Misc. No. 37932/2012.
Learned counsel appearing on behalf of the petitioner submits that the proceeding under section 147 Cr. P. C. was pending but the proceeding was dropped on 27.05.2010 but Opposite Party No. 2 stated in Cr. Misc. No. 37932 of 2012 that the said is pending. It is also submitted that while it is stated in the Cr. Misc. that there is case and counter case vide Kazi
Patna High Court Cr.Misc. No.50498 of 2012 (4) dt.04-09-2013
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Mohammadpur P.S.Case No. 187/2012 lodged by the wife of the Opposite Party No. 2 and there was assault on both side but there is no injury report in Kazi Mohammadpur P. S. Case No. 187 of 2012.
It is submitted by the learned counsel for the Opposite Party No.2 that although the proceeding of Section 147 Cr. P.C. was dropped on 27.05.2010 but again an application was filed by the Opposite Party No. 2 stating the reason why the pairvi was not made in the earlier proceeding and the Court of S.D.O. (East), Muzaffarpur directed the concerned police station to look into the matter. As such the proceeding under section 147 Cr. P.C. is still pending before the S.D.O.(East) Muzaffarpur.
On perusal of the order dated 11.10.2012 passed in Cr. Misc. No. 37932 of 2012 it appears that on taking into consideration the allegation against petitioner to cause injury to informant Umesh Prasad Singh which was simple in nature as opined by Doctor the Opposite Party No.2 was granted bail by this Court.
I do not find any justifiable ground to cancel the bail of Opposite Party No.2. Accordingly, this application stand dismissed.
(Rajendra Kumar Mishra, J)
Sudha/-
1 issue framed by the court
Whether bail granted to the opposite party under Section 147 Cr.P.C. should be cancelled.
1 provisions across 1 enactments
Umesh Prasad Singh
The State Of Bihar
Ram Parvesh Thakur
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
