Patna High Court - Orders
The State Of Bihar vs Manoj Mahto on 13 February, 2013
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27644 of 2012
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The State of Bihar ... .... Petitioner
Versus
Manoj Mahto, S/o Kameshwar Mahto @ Binda Mahto, resident of
village-Bhagwara, P.S.-Town, District-Madhubani. .... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Abhimanyu Sharma, APP
For the Opposite Party/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Ravi Ranjan, Advocate.
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
5 13-02-2013Heard learned counsel appearing on behalf of the State.
The present application has been filed under Section 439(2) of the Code of Criminal Procedure on behalf of the State of Bihar for cancellation of bail granted to the opposite party by order dated 18.11.2011 passed in Cr. Misc. No. 37618 of 2011 by this Court. The opposite party was made accused in a case registered under Sections 395 and 397 of the Indian Penal Code. He was not named in the F.I.R. He surrendered in the court on 17.6.2011. He remained in jail for over five months but, in the meantime, the prosecution did not put him on T.I. Parade. Nothing incriminating had been recovered from his possession. His name transpired in course of investigation on the basis of confessional 2 Patna High Court Cr.Misc. No.27644 of 2012 (5) dt.13-02-2013 2/3 statement of a co-accused.
Taking into consideration all these facts, by order dated 18.11.2011 the opposite party was granted bail by this Court.
Learned counsel appearing for the State of Bihar has sought cancellation of bail mainly on the ground that the informant as well as witnesses of the case filed three applications in the concerned police station with allegation that they are being threatened by the accused persons not to participate in T.I. Parade. On inquiry, it has been disclosed that on the basis of those three written applications, station diary entries were made in the police station on 19.7.2011, 22.7.2011 and 23.7.2011.
Thus, admittedly, when the bail of the petitioner was being considered, these facts were already on record. The counsel for the State was heard at the time of consideration of bail. It is well settled that there must be very cogent and overwhelming circumstances for an order seeking cancellation of bail. Rejection of bail and cancellation of bail are to be considered on different basis. The grounds for cancellation of bail broadly are as follows:-
"(a) interference or attempt to interfere with the due course of the administration of justice; or
(b) evasion or attempt to evade the course of justice; or
(c) abuse of the liberty granted to the accused; or 3 Patna High Court Cr.Misc. No.27644 of 2012 (5) dt.13-02-2013 3/3
(d) possibility of the accused absconding."
In the present case, though, it is alleged that some complaints were made by the informant and other witnesses prior to the grant of bail but, there is nothing on record to show that those complaints on the basis of which station diary entries were made were ever verified. There is also nothing on record to show that after release on bail, the opposite party has tried to tamper with evidence or has abused the liberty granted to him.
A show cause has been filed on behalf of the opposite party in which the allegation that he ever threatened any of the witness has been denied.
Taking into consideration the facts of the case in its entirety, I do not find it a fit case to cancel the bail of the opposite party. Accordingly, the present application is dismissed. Sanjeet/-
(Ashwani Kumar Singh, J.)