This is an oral order dismissing the petitioner's application for cancellation of bail granted to opposite party no. 2, rejecting allegations of mala fides, and upholding the petitioner's lack of locus standi.
Application for cancellation of bail granted to opposite party no. 2 is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4554 of 2023
Arising Out of PS. Case No.-113 Year-2008 Thana- SINGHWARA District- Darbhanga
======================================================
SUNIL KUMAR CHOUDHARY Son of Ram Chandra Choudhary Resident of Village - L.R. Villa, R.S. Tank Navtolia, Balbhadarpur, P.S.- Bahadurpur, District - Darbhanga.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Patel For the Opposite Party/s : Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
14 16-08-2023 This is an application for cancellation of bail granted
to the Opposite Party No. 2 by this Court vide order dated 30.08.2022 passed in Cr. Misc. No. 25683 of 2022 arising out of Singhwara P.S Case No. 113 of 2008 pending in the Court of learned Chief Judicial Magistrate, Supaul.
Learned counsel for the petitioner submitted that the O.P. No. 2 got the privilege of bail with mala fide intention by suppressing the fact that the co-accused persons Shambhu Kahar, Kharha Sahani @ Ranjeet Sahani, Haricharan Kahar and Upendra Sahani have been convicted by the learned Additional Sessions Judge-III, Darbhanga vide judgment dated 12.02.2013 passed in Sessions Trial No. 33 of 2010. The said convicts (the
Patna High Court CR. MISC. No.4554 of 2023(14) dt.16-08-2023 2/2
co-accused persons) have already been granted bail during trial vide order dated 09.07.2010 passed in Cr. Misc. No. 22674 of 2010 by the Co-ordinate Bench of this Court.
Learned A.P.P. for the State has submitted that there is no suppression of material fact by the petitioner. Learned APP has further submitted that the petitioner never misused the privilege of bail granted by the Hon’ble Court. It is further submitted that the petitioner is not the informant, therefore, the petitioner has no locus standi.
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)
Alok Verma/-
U T
2 issues framed by the court
Whether the application for cancellation of bail should be allowed despite allegations of mala fide intentions and alleged suppression of material facts?
Whether the petitioner has the locus standi to file an application for cancellation of bail granted to the opposite party?
Sunil Kumar Choudhary
The State of Bihar
Dilip Kahar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
