Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19220 of 2008 ====================================================== 1. Monu Kumar Singh @ Monu Kumar Raju, S/o Satish Kumar Singh 2. Ratan Kumar, S/o Shiv Shankar Prasad @ Shankar Prasad Both are residents of Mohalla – Maunabanganj, P.S. Chapra Town, District – Saran. .... .... Petitioner/s Versus 1. The State of Bihar 2. Ashok Kumar Singh, Superintending Engineer, Elect. Dept. P.S. Chapra Town, District – Saran at Chapra. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 7 03-08-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application is filed for quashing the order dated 02.05.2008 passed by the Sessions Judge, Saran at Chapra in Cr. Misc. No. 37 of 2008. Cancellation of bail to petitioners in a case for offence under [STATUTE] . is ordered. Allegation is that petitioners along with others 20 to 25 in numbers entered informant’s office started to abuse and assault him with fists and slaps and chairs of the office was broken. Staffs of the office came to pacify the matter, they were also misbehaved. Anyhow two of them namely, petitioners were caught hold by them and handed over to the Police. They prayed for bail and allowed also. One of the observations has been made basis for cancellation of appeal that no offence under Patna High Court Cr.Misc. No.19220 of 2008 (7) dt.03-08-2012 2 [STATUTE] . was made out followed by threatening on their behalf to withdraw the case. Apart from this allegation of threatening, Court is to consider the allegation which was justifying for bail or not that apparently appears justified. Nature of the alleged act of petitioners does not justify threatening to withdraw the case which only was the allegation of the informant. So, the order of cancellation passed by the learned Sessions Judge is not liable to sustain. Accordingly, the quashing application is allowed. The order dated 02.05.2008 passed by the Sessions Judge, Saran at Chapra is hereby quashed. Shail/- (Mandhata Singh, J.)

Applicable IPC Section: 342

Statute Text:
Section 342 of the Indian Penal Code. Wrongfully confining any person. Whoever wrongfully confines any person shall be punished with simple imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.