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Patna High Court

Ambika YadavversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The bail is not cancelled; the application for its cancellation is dismissed.

Summary

Ambika Yadav filed an application seeking cancellation of bail granted to three accused—Bankey Singh, Jitender Singh and Pintu Singh—in a criminal case (PS Case No. 158 of 2012) involving offences under several sections of the Indian Penal Code and Section 27 of the Arms Act. The bail had been granted on 19 March 2013. The respondents did not appear before the Patna High Court, and the petitioner offered no specific allegation that the accused had tampered with evidence or otherwise violated bail conditions. The Court observed that, in the absence of any such allegation, there was no ground to cancel the bail. Consequently, the application for cancellation of bail was dismissed.

Issues considered

  • Whether the bail granted to the accused should be cancelled on the basis of alleged tampering with evidence or other violations.

Legislation cited

Subjects

  • bail
  • cancellation of bail
  • evidence tampering
  • Indian Penal Code
  • Arms Act
  • Patna High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50431 of 2013
                   Arising Out of PS. Case No.-158 Year-2012 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Ambika Yadav Son Of Late Bhulan Yadav Residence Of Village- Paithan
                 Patti, P.S.- Manjha Garh, District- Gopalganj

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar
           2.    Bankey Singh Son Of Sita Rai Resident Of Village- Paithan Patti, P.S.-
                 Manjha Garh, District- Gopalganj
           3.    Jitender Singh Son Of Bhola Singh Resident Of Village- Paithan Patti, P.S.-
                 Manjha Garh, District- Gopalganj
           4.    Pintu Singh Son Of Bankey Singh Resident Of Village- Paithan Patti, P.S.-
                 Manjha Garh, District- Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shambhu Prasad Yadav
                 For the Opposite Party/s :      Mr.Rajendra Pd.Natapp
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   13-03-2026                     Heard the parties. None appears for the opposite

                   parties.

                                2. This application has been filed for cancellation of

                   bail granted to the opposite party no. 2 to 4 in connection with

                   Manjha Garh P.S. Case No. 158 of 2012 registered for the

                   offence under Sections 147, 148, 149, 448, 341, 323, 324, 307,

                   504, 506 of the Indian Penal Code and under Section 27 of the

                   Arms Act. The opposite parties were granted bail vide order

                   dated 19.03.2013 passed in Cr. Misc. No. 7908 of 2013.

                                3. Though, none has appeared on behalf of the
          Patna High Court CR. MISC. No.50431 of 2013(4) dt.13-03-2026
                                                      2/2




                    opposite parties but there is no allegation against them regarding

                    tampering with the evidence and at this stage, this Court will not

                    cancel the bail granted to the opposite party no. 2 to 4.

                                 4. Accordingly, this application is dismissed.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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