Petitioner sought cancellation of bail for respondent, alleging witness threat. Court held allegations required formal petition and trial court inquiry; directed trial court to expedite trial and dismissed petition.
Trial court directed to expedite trial; bail cancellation application dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21126 of 2015
Arising Out of PS.Case No. -7 Year- 2013 Thana -BUNIADGANJ District- GAYA ====================================================== Ran Vijay Singh, Son of Late Ramadhin Singh, Resident of Mohalla Manpur Gopal Paney lane, P.O. - Manpur, P.S. - Buniyadganj, District - Gaya .... .... Petitioner Versus 1. The State of Bihar 2. Indradeo Vidrohi, Son of Ram Saran Mahto, Resident of Village - Khanjanpur, P.S. - Buniyadganj, District - Gaya .... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Ram Kishore Singh, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
2 27-04-2016 Heard learned counsel for the petitioner, the State and the informant.
This application has been filed for cancellation of bail, to the opposite party no. 2, vide order dated 16.01.2014 passed in Cr. Misc. No. 26790 of 2013 in connection with Trial No. 3455 of 2014 arising out of Buniyadganj P.S. Case No. 07 of 2013.
It is submitted on behalf of the petitioner that on 15.10.2014, an application under Section 317 of the Cr.P.C. has been filed on behalf of the opposite party no. 2 for dispensing with his appearance on the ground that because of some urgency he was out of station. This fact goes to show that the O.P. No. 2 is even managing the proceedings of the Court. It is further submitted that
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the O.P. No. 2 who claims to be the district president of “Kishan Sabha” was campaigning a hunger strike before the Gaya Collectorate and the said hunger strike campaigned by the O.P. No. 2 and further alleged that he used to threaten the witnesses.
However, these two grounds are not good ground for cancellation of bail. However, the expression made that the O.P. No. 2 threatened the witnesses for which no petition has been filed by the petitioner before the Police.
Hence, having regard to the facts, if any such petition is filed then the Trial Court shall take into consideration the allegation and to enquire into the matter and if found that the allegations are true then the Trial Court shall proceed for cancellation of bail.
However, the trial Court is directed to expedite the trial.
With these observations, the petition is dismissed.
(Gopal Prasad, J)
Vats/-
U T
2 issues framed by the court
Whether allegations of witness threat by the released accused warrant immediate cancellation of bail.
Whether the trial court should expedite the trial of the accused.
1 provisions across 1 enactments
Ran Vijay Singh
The State of Bihar
Indradeo Vidrohi
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
