The Single Judge of the Patna High Court dismissed an application filed under Section 482 CrPC for cancellation of bail granted to respondents in a criminal case involving offences under the IPC. The application was dismissed as having no merit.
Application for cancellation of bail dismissed; prima facie order of the lower court upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.681 of 2019
Arising Out of PS. Case No.-165 Year-2018 Thana- NADI P.S. District- Patna
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Ram Pati Devi wife of Amak Ray @ Amar Ray. Resident of VillageMaujipur, P.O.- Fatuha, P.S.- Nadi Mauzipur (Fatuha), District- Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : None For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
This application under Section 482 of the Code of
Criminal Procedure is for cancellation of bail granted to opposite party Nos.2 to 6, vide order dated 15.10.2018 passed by the court of learned Additional Chief Judicial Magistrate-V, Patna City, Patna in connection with Nadi Police Station Case No.165 of 2018, a case registered under Sections 341, 323, 307, 379, 354, 504/34 of the Indian Penal Code.
The learned court below has considered the merit
of the allegation as well as the fact that most of the offences
Patna High Court CR. MISC. No.681 of 2019(2) dt.16-09-2019 2/2
alleged are bailable one.
Heard learned counsel for the State.
I do not find any reason to interfere with the impugned order, especially when the law is well settled that grant of bail in a non-bailable case and its cancellation stand on different consideration. Unless a clear case of misuse of privilege of bail is made out in such type of allegations normally courts grant bail. Therefore, this application has got no merit. Accordingly, it stands dismissed.
(Birendra Kumar, J)
abhishek/-
U T
3 issues framed by the court
Whether the High Court should interfere with the bail order passed by the learned court below under the inherent powers of the court.
Whether misuse of bail was established to warrant cancellation of bail.
Whether the grant of bail in a case involving bailable offences warrants interference.
2 provisions across 2 enactments
Ram Pati Devi
The State Of Bihar
Ram Pravesh Rai
Rajiv Kumar
Chottu Kumar
Tutu Kumar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
