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2002 Supreme(Pat) 223

SHIVA KIRTI SINGH
Sita Ram Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application under Sec. 482 of Code of Criminal Procedure has been filed by two petitioners Sitaram Singh and his son Ranjit Singh, who are named accused in Madhepur (Luknour) PS Case No. 178/2000 giving rise to GR Case No. 710/2000 pending before the Addl. Chief Judicial Magistrate. Jhanjharpur. The petitioners have prayed for quashing of an order dated 18.1.2001 passed by the learned Magistrate in the aforesaid case whereby the bail granted to petitioners by order dated 1.9.2000 has been cancelled by the same Magistrate on two grounds.

2. According to petitioners, the cancellation of their bail is illegal, improper and unjust because the first ground, that is, subsequent death of the injured and addition of Sec. 302 of the Indian Penal Code is impermissible in law for cancellation of bail and the other ground, i.e. threatening of witnesses has been accepted without any inquiry and verification.

3. Because the matter involved cancellation of bail already granted to the petitioners, hence the matter was heard in details at the admission stage itself. So far as the second ground mentioned in the impugned order to the effect that the accused persons are tampering with












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