Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13286 of 2012 ====================================================== 1. Shankarnath Pandey, S/O Late Beni Madhaw Pandey, 2. Vijay Nandan Pandey, S/O Shankarnath Pandey, both resident of village- Bandoo, P.O.- Daranagar, P.S.- Nauhatta, District- Rohtas .... .... Petitioner/s Versus 1. The State of Bihar, 2. Rangnath Pandey, S/O Late Pawan Kumar Pandey, resident of village- Bandoo, P.S.- Nauhatta, District- Rohtas, at present resident of mohalla- Rauja Canal Road, Saket Nagar Sasaram, P.O.+P.S.- Sasaram (T), Distt.- Rohtas .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.9276 of 2012 ====================================================== 1. Gokul Nand Pandey, S/O Sheo Nath Pandey (Dead) 2. Jai Nandan Pandey S/O Sheo Nath Pandey, resident of village- Bandoo, P.S.- Nauhatta, District- Rohtas .... .... Petitioner/s Versus 1. The State Of Bihar 2. Rangnath Pandey S/O Late Pawan Kumar Pandey, resident of village- Bandoo, P.S.- Nauhatta, District- Rohtas, at present resident of mohalla- Rauja Canal Road, Saket Nagar, Sasaram, P.O. and P.S.- Sasaram (T), District- Rohtas. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 13-09-2012 It has been submitted on behalf of the Petitioners that during the pendency of this application, Petitioner no.1 of Cr. Misc. No. 9276 of 2012 has died and, therefore, the application (Cr. Misc. No.9276 of 2012) as against him has become infructuous. It is dismissed in so far as it relates to Petitioner No.1. The Petitioners seek quashing of the order dated Patna High Court Cr.Misc. No.13286 of 2012 (3) dt.13-09-2012 2 / 3 2 18.01.2012 passed by the 6th Additional Sessions Judge, Rohtas at Sasaram, in Cr. Misc. No.41 of 2010 by which he has set aside the order dated 17.07.2010 passed by the Judicial Magistrate, 1st class, Rohtas, in Complaint Case No.76 of 1990 by which he had refused to cancel the bail granted to the Petitioners by him. The background facts of the case is that in the year 1990 a Complaint was filed against the Petitioners for offence under [STATUTE] in which the Petitioners were granted bail on surrender by the Judicial Magistrate, 1st class, Rohtas, in the month of February, 2007. Subsequently, the Complainant filed an application for cancellation of his bail on the ground that the Petitioners were life convicts and should not have been granted bail which was rejected by the Judicial Magistrate, 1st class, Rohtas. The Complainant thereafter filed revision before the Sessions Judge, Rohtas, which was numbered as Cr. Misc. No.41 of 2010 and the 6th Additional Sessions Judge, Rohtas, by the order impugned has set aside the order on the ground that there was justifiable reasons for cancelling the bail since they were life convicts. I am unable to satisfy myself that this order is justified in law. In view of such, the order dated 18.01.2012 passed Patna High Court Cr.Misc. No.13286 of 2012 (3) dt.13-09-2012 3 / 3 3 by the 6th Additional Sessions Judge, Rohtas at Sasaram, in Cr. Misc. No.41 of 2010, is hereby set aside. Applications stand allowed. JA/- (Anjana Prakash, J)

Applicable IPC Section: 452

Statute Text:
Section 452 of the Indian Penal Code. House-trespass, having made preparation for causing hurt, assault, etc. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.