In an application for cancellation of bail, the petitioner alleged that the opposite party threatened witnesses. The High Court rejected the application, noting procedural lapses by the prosecution in substantiating the threat allegations.
The application for cancellation of bail granted to Opposite Party No. 2 was rejected.
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.24813 of 2023
Arising Out of PS. Case No.-241 Year-2021 Thana- KISHUNPUR District- Supaul
======================================================
PRAMOD KUMAR YADAV S/O HARDEV YADAV R/O Village- Wageva, P.S- Kishanpur, Distt.- Supaul.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Yadav For the Opposite Party/s : Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 12-07-2023
This is an application for cancellation of bail granted
to the Opposite Party No. 2 by this Court vide order dated 08.12.2022 passed in Cr. Misc. No. 48453 of 2022 arising out of Kishanpur P.S Case No. 241 of 2021 pending in the Court of learned Chief Judicial Magistrate, Supaul.
Learned counsel for the petitioner submitted that after grant of bail of the Opposite Party No. 2, he has publically threatened the informant as well as witness to face dire consequences if compromise has not been done and he has further stated that he has no other option to kill the informant as well as witness. It is further submitted that the petitioner has submitted an application to S.H.O. Kishanpur on 22.02.2023
Patna High Court CR. MISC. No.24813 of 2023(3) dt.12-07-2023 2/2
regarding the threatening but no any action has been taken against the Opposite Party No. 2. It is further submitted that the petitioner has sent an application dated 22.02.23 to the S.P Supaul, D.I.G. Koshi range, A.D.G. headquarter as well as D.G.P. Bihar on 23.02.2023 regarding threatening given by the O.P. No. 2 through e-mail but till date no any action has been taken.
Learned A.P.P for the State has further submitted that no any application has been filed before the court of CJM where the trial was going on with regard to the said allegation of threatening and he has not filed any receipt with regard of filing of the said application to the concern Police Station. It is further submitted that the petitioner has not mentioned the date and time of the alleged threatening. So, the allegation levelled against the Opposite Party No. 2 appears to be false.
Considering the facts and circumstances of the case the instant application for cancellation of bail granted to the Opposite Party No. 2 is rejected.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the bail granted to the opposite party should be cancelled due to alleged threats against the informant and witness.
Pramod Kumar Yadav
The State of Bihar
Umesh Yadav
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
