Petitioner sought cancellation of bail granted to opposite parties 2 to 5 alleging threats to informant and witnesses. Court held merit already considered and lack of documentary evidence on threats resulted in rejection of prayer.
Prayer for cancellation of bail stands rejected; the application is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4771 of 2023
Arising Out of PS. Case No.-133 Year-2019 Thana- PARAIYA District- Gaya
======================================================
Soni Devi Wife of Late Shiyasharan Yadav Resident of village- Sikandarpur, P.O.- Dharamshala, P.S.- Paraiya, District- Gaya
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satya Veer, Advocate For the State : Mr.Ram Priya Sharan Singh, APP For the O.Ps. : Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
5 12-04-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the opposite parties.
The petitioner has filed the present petition for cancellation of bail granted to opposite party nos. 2 to 5 vide order dated 28.09.2022 passed in Cr. Misc. No. 69677 of 2021 and other analogous cases.
The ground cropped up by learned counsel for the petitioner for cancellation of bail is that the opposite party nos. 2
Patna High Court CR. MISC. No.4771 of 2023(5) dt.12-04-2023 2/2
to 5 have been threatening the informant and the witnesses apart from the contentions regarding merit of the case on which the bail has been granted.
Since the merit of the case was considered while granting bail to opposite party nos. 2 to 5, the same cannot be reagitated again. Insofar as contention of learned counsel for the petitioner regarding threat being given by the opposite party nos. 2 to 5 is concerned, the same is not supported by any documentary evidence. The petitioner has not brought on record any document showing that any complaint was made to the authorities or to the court concerned.
Under the aforesaid circumstances, I am not inclined to accept the prayer made by the petitioner and hence, the prayer for cancellation of bail stands rejected.
Accordingly, this application is dismissed.
(Arun Kumar Jha, J)
DKS/-
U T
2 issues framed by the court
Whether the bail granted to opposite parties 2 to 5 should be cancelled on grounds of threat to informant and witnesses and merit of case.
Whether the petitioner has provided documentary evidence to support the allegation of threats made by opposite parties.
Soni Devi
The State of Bihar
Nawal Yadav
Satyendra Yadav
Kapil Yadav
Chandar Yadav @ Ramchander Yadav
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
