IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.23843 of 2008
BIGAN BHAGAT son of Late Ganaur Bhagat, resident of village-Jafarpur, P.S.
Paroo, District- Muzaffarpur ...Petitioner
Versus
THE STATE OF BIHAR ...OP
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2/ 25.04.2011 Heard the parties.
The petitioner has sought quashing of the order dated
20.05.2008 passed by the Sub-Divisional Judicial Magistrate, West,
Muzaffarpur, in Paroo P.S. Case No. 77 of 2008, by which it has
cancelled the bail bond of the petitioner without notice to him.
On 14.05.2008, case was instituted against the petitioner
under sections 323 and 324 Indian Penal Code. The petitioner on
surrender was granted bail by the court below and thereafter charge
sheet was submitted under section 302 Indian Penal Code since the
injured had died. Thereafter, the bail bond of the petitioner was
cancelled without notice to him.
It is settled principle of law that bail can only be
cancelled if there has been any misuse of privilege of bail and,
therefore, this arbitrary order of the Magistrate is fit to be set aside.
In the result, the application is allowed and the order
dated 20.05.2008 passed by the Sub-Divisional Judicial Magistrate,
West, Muzaffarpur, in Paroo P.S. Case No. 77 of 2008, by which it
has canceled the bail bond of the petitioner is hereby set aside.
The application stands allowed.
JA/- (Anjana Prakash,J.)