Bench dismissed application under Cr. Misc. No. 7785 of 2019 seeking cancellation of bail. Petitioner alleged suppression of involvement in other cases; accused admitted it but claimed no knowledge. No evidence of bail misuse found.
Application for cancellation of bail is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7785 of 2019
Arising Out of PS. Case No.-447 Year-2017 Thana- BHAGWAN BAZAR District- Saran
======================================================
BACHCHI DEVI @ BUCHCHI DEVI Harendra Rai R/o MohallaRatanpura, Ojha toli, P.S- Bhagwan Bazar
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ramakant Sharma, Sr. Adv. For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
This application has been filed for cancellation of
the bail granted to O.P.no.2, vide order dated 6.10.2018 passed in Cr. Misc. No.60385/18.
Grounds for cancellation of the bail is that the petitioner is accused in six other cases also and he has suppressed the fact in the aforesaid case.
On the other hand, on notice O.P.no.2 has appeared though he has admitted that he is accused in six other cases but there is no intentional mistake on his part rather he had no knowledge about the same. Further submission is that after grant of bail, he has not misused the privilege of bail.
Patna High Court CR. MISC. No.7785 of 2019(7) dt.17-07-2019 2/2
Having heard both sides and from perusal of the record, it appears that the petitioner has admitted that he has suppressed the fact, however, considering the fact that the petitioner has been granted bail, vide order dated 6.10.2018 and up till now there is no allegation that he has misused privilege of bail, as such for the ends of justice, I am not inclined to interfere with the order dated 6.10.2019.
Hence, this application is dismissed.
(Vinod Kumar Sinha, J)
chn/-
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2 issues framed by the court
Whether to cancel bail granted to a petitioner accused in six other undisclosed cases who claimed lack of knowledge rather than intentional suppression.
Whether the petitioner misused the bail granted vide order dated 06.10.2018.
Bachchi Devi
The State of Bihar
Manoj Rai
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
