Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 16921 of 2013 ====================================================== Krishna Singh @ Krishna Kumar Singh, S/O Late Babbandeo Singh @ Babban Singh, Resident of Village - Babu Chaukhara, Police Station - Madanpur, District- Aurangabad Versus .... .... Petitioner/s The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No. 27118 of 2013 ====================================================== Pradeep Singh, Son of Raj Ballabh Singh, resident of village – Babu Chaukhara, Police Station – Madanpur, District – Aurangabad (Bihar) .... .... Petitioner/s Versus 1. The State of Bihar 2. Krishna Singh @ Krishna Kumar Singh, S/O Late Babbandeo Singh @ Babban Singh, Resident of Village - Babu Chaukhara, Police Station - Madanpur, District- Aurangabad .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 03-07-2013 Heard. These two petitions have been heard together and
Legal Reasoning
disposed of by this common order. The first petition (Cr. Misc. No. 16921 of 2013) is for modification of the order dated 08.04.2013 passed in Cr. Misc. No. 47102 of 2012 by which the bail has been granted whereas the second petition (Cr. Misc. No. 27118 of 2013) is for cancellation of bail granted by this Court vide order dated 08.04.2012 passed in Cr. Misc. No. 47102 of 2012. However, by order dated 08.04.2013 the petitioner, Krishna Singh @ Krishna Kumar Patna High Court Cr.Misc. No.16921 of 2013 (6) dt.03-07-2013 2 Singh was granted bail on furnishing bail bond, subject to the condition that one of the bailors shall be the close relative of the petitioner who will file affidavit to the effect that the petitioner has no criminal antecedent which fact should be verified by the court below and the court below on verification shall confirm the bail bond and further condition is that the petitioner will neither intimidate nor try to win over the witnesses. However, subsequently a petition was filed for modification of the order dated 08.04.2013 that the petitioner and informant have lodged cases against each other and besides that he is an accused in one other case, i.e., Madanpur P.S. Case No. 99 of 2011 dated 21.06.2011 for the offence under Sections 341, 323, 342, 504, 506, 34 of the Indian Penal Code. A petition for cancellation of bail has been filed by the informant ascertaining that since the petitioner has mentioned in the petition that he has no criminal antecedent and hence, obtained the order dated 08.04.2013 on the wrong averments made in the petition as well as in the submission. A report was called for from the Superintendent of Police, Aurangabad. It has been reported that three cases are pending against the petitioner the first is Madanpur P.S. Case Patna High Court Cr.Misc. No.16921 of 2013 (6) dt.03-07-2013 3 No. 120 of 2006 dated 06.11.2006 for the offence under Sections 147, 148, 149, 323 and 504 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3(x) of the ST/SC Act. The second case is Madanpur P.S. Case No. 108 of 2008 dated 04.07.2008 for the offence under Sections 302, 323, 325, 307, 427 and 120(B) of the Indian Penal Code in which the bail has been obtained. The third case is Madanpur P.S. Case No. 99 of 2011 dated 21.06.2011 is with regard to the offence under Sections 341, 323, 342, 504, 506/34 of the Indian Penal Code. However, taking into consideration the allegation that the cause of death is due to the collision between the Maruti Van and the Truck and it has been alleged that Maruti Van has been dashed with specific intention to kill him. Hence, taking into consideration the fact that other co- accused has been granted bail in view of the submission that there is no criminal antecedent, however, vide order dated 08.04.2013 neither the petitioner was released on bail nor any affidavit filed before the court below as per direction in the order dated 08.04.2013, rather it has been preferred by the petitioner to file a petition for modification of the order shows his bona fide. However, the informant has preferred a petition Patna High Court Cr.Misc. No.16921 of 2013 (6) dt.03-07-2013 4 for cancellation of bail on the ground that bail order which is subject of modification has been obtained by misrepresentation of foul. However, taking into consideration the fact that though three cases are mentioned against the petitioner as per report of the Superintendent of Police, Aurangabad and out of the three, one this case in which the petitioner has been granted bail and the rest two cases are for the offence under Sections 323, 325, 307, 427, 120(B) of the Indian Penal Code as well as Sections 341, 323, 342, 504, 506/34 of the Indian Penal
Legal Reasoning
Code which are minor offence and further learned counsel for the petitioner submits that a case has also been filed by prosecution in which there is allegation of intimidation of the informant in that case the petitioner has not been mentioned as accused in the First Information Report. Hence, even obtaining order of bail the petitioner having not moved to be released but proceed to get the order modified shows his bona fide. Hence, having regard to the facts and circumstances, I do not find any merit in the petition for cancellation of bail by the informant and hence, it is hereby rejected and further the order granting bail dated 08.04.2013 is hereby modified to the Patna High Court Cr.Misc. No.16921 of 2013 (6) dt.03-07-2013 5 extent that the petitioner will file an affidavit that one of the bailors shall be the close relative of the petitioner who will file an affidavit to the effect that except three cases as mentioned in the report of the Superintendent of Police, Aurangabad there is no other case against the petitioner and the trial court after due verification shall confirm the bail of the petitioner and further on condition that the petitioner will not terrorize the witnesses or try to influence the witnesses
Decision
and hence, both the petitions are disposed of. The trial court shall proceed to expedite the trial for early disposal of the same. Kundan/- (Gopal Prasad, J.)