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2013 DIGILAW 1292 (PAT)

State Of Bihar v. Lambu @ Lakhan Singh @ Subhash Yadav @ Kameshwar Yadav Sahdeo Yadav

2013-11-13

HEMANT KUMAR SRIVASTAVA

body2013
ORDER 1. This petition has been filed for cancellation of bail granted to the opposite party in Khagaria (Gangaur) P.S. Case No. 242/2011 vide order dated 25.4.2012 passed in Cr. Misc. No. 7770/2012 on the ground that on being released on bail opposite party committed crime of similar nature for which Alouli P.S. Case no. 226/2012 for the offence punishable under sections 147, 148, 149, 302, 387, 120B, 364 of the IPC, 27 of the Arms Act and 17/18 of the CLA Act was registered. 2. Learned Addl. Public Prosecutor appearing for the State submitted that opposite party is a habitual offender and he misused his privilege of bail getting involved himself in another crime after being released on bail. He drew my attention towards annexure 3, Photostat copy of FIR of Alouli P.S. Case no. 226/2012 which has been registered against opposite party and some others. He also drew my attention towards report dated 5.8.2013 of Superintendent of Police, Khagaria who sent criminal antecedent of opposite party. 3. Learned Addl. Public Prosecutor relied upon a decision reported in the case of Manjit Prakash & ors vs. Shobha Devi and another 2008 (4) PLJR 58 (SC) in which it has been held by the Apex Court that when a person to whom bail has been granted, either tries to interfere with the course of justice or attempts to tamper with evidence or witnesses or threatens witnesses or indulges in similar activities which would hamper smooth investigation or trial, bail granted can be cancelled. Another decision cited on behalf of the petitioner is Prakash Kadam & etc vs Ramprasad Vishwanath Gupta & ors reported in 2011 (3) PLJR 277 (SC) in which it has been held by the Apex Court that if allegations against accused are serious, bail may be cancelled even he has not misused bail granted. 4. On the other hand, learned counsel appearing for the opposite party opposed prayer submitting that opposite party was granted bail by this court after considering the facts and circumstances of the case as well as after taking note of criminal antecedent of opposite party. 5. Learned counsel for the opposite party fairly conceded this fact that prayer for bail of opposite party has already been rejected in Alouli P.S. Case no. 226/2012 up to this court. 6. Admittedly, opposite party has been made accused in Khagaria (Gangaur) P.S. Case no. 5. Learned counsel for the opposite party fairly conceded this fact that prayer for bail of opposite party has already been rejected in Alouli P.S. Case no. 226/2012 up to this court. 6. Admittedly, opposite party has been made accused in Khagaria (Gangaur) P.S. Case no. 242/2011 on the accusation that he was caught with fire arms, cartridges and naxalite literatures. Furthermore, I find that after considering the facts of the above stated case, criminal antecedent of opposite party as well as his period of detention in the above stated case, opposite party was granted bail by this court vide order dated 25.4.2012 passed in Cr. Misc. no. 7770/2012 but again on 14.11.2012, Alouli P.S. Case no. 226/2012 was registered against opposite party and others for the offence punishable under section 302 and other minor sections of the IPC, 27 of the Arms Act and 17/18 of the CLA Act on the accusation that he along with others committed murder of two persons. 7. It is alleged that opposite party is active naxalite and in both the above stated cases, aforesaid allegation has been leveled against him. Therefore, it is apparent from the aforesaid fact that opposite party committed more heinous offence after being released from Khagaria (Gangaur) P.S. Case no. 242/2011. Furthermore, opposite party carries criminal antecedent of nine cases of serious nature. Therefore, in my view, opposite party appears to be threat to the society and bail granted to opposite party by this court vide order dated 25.4.2012 passed in Cr. Misc. No. 7770/2012 in Khagaria (Gangaur) P.S. Case No.242/2011 should be cancelled. 8. Accordingly, this petition for cancellation of bail is allowed and bail granted to opposite party in Khagaria (Gangaur) P.S. Case no.242/2011 vide order dated 25.4.2012 passed in Cr. Misc. No. 7770/2012, is hereby, cancelled. 9. Learned Chief Judicial Magistrate, Khagaria/concerned court is directed to take all possible steps to take the opposite party in custody in the above stated Khagaria (Gangaur) P.S. Case no.242/2011.