The Court refused to cancel an existing bail order for the accused stating that his subsequent appearance in a confessional statement of a co-accused in a related narcotics case did not warrant revocation. The petition was dismissed.
The petition for cancellation of bail is dismissed; the bail contained in Annexure-1 remains in force.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28676 of 2012 Arising out of Ramgarh P.S. Case No. 53 of 2011, giving rise to Trial No. 23 of 2007, District Kaimur at Bhabhua. ====================================================== 1. The State Of Bihar. .... .... Petitioner Versus 1. Om Prakash Gupta, Son of late Jagarnath Prasad Gupta, Resident Of Village - Ramgarh, Police Station - Ramgarh, District - Kaimur (Bhabhua). .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No.-2 For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 6 12-02-2015 The petition does not seek cancellation of bail order ( Annexure-1) on merits. Having considered the fact that name of the petitioner appeared subsequently in the confessional statement of a co-accused for which a subsequent case vide Ramgarh P.S. Case No. 143 of 2011 under different Sections of the N.D.P.S. Act was instituted,, the court does not feel inclined to cancel the order of bail contained in Annexure-1 to the present petition. The petition is dismissed.
Kanth/U T
(Dharnidhar Jha, J)
2 issues framed by the court
Whether the bail granted to the petitioner should be cancelled given his subsequent appearance in a co-accused confessional statement.
If the petitioner's later involvement in a narcotics case warrants revocation of previous bail.
The State Of Bihar
Om Prakash Gupta
Dharnidhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
