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Patna High CourtCR. MISC./314/2019dismissed

Abhishek Singh v. State Of Bihar And ANR

2019-01-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.314 of 2019 Arising Out of PS. Case No.-388 Year-2018 Thana- DIGHA District- Patna ====================================================== Abhishek Singh son of Sri Awadhesh Kumar Singh, resident of Village - mana Madanpur, P.o. Kasthuni Purab, Police Station - Musafir Khana, Distt.- Amethi U.P.

... ... Petitioner

Versus

1. State Of Bihar and Anr null null

2. Mukesh Patel @ pankaj Singh @ pankaj, Son Of Harish Patel @ Harsh Patel @ Haresh Patel, Resident of village- Dewapur, P.O.- Dewapur, Police Station - Barouli, District- Gopalganj.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhanu Pratap Singh For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 This application has been filed for cancellation of anticipatory bail granted to opposite party No.2 by learned Additional District and Sessions Judge-VII, Patna on the ground that opposite party has suppressed the fact that he has criminal antecedent also and as a matter of fact he is accused in several other cases.

Allegation as per FIR is that opposite party No.2 had collected money on the assurance of providing job. Submission of learned counsel for the petitioner is that opposite party No.2 has suppressed the material fact and he had taken money for providing job.

However, from perusal of FIR it appears that

Patna High Court Cr.Misc. No.314 of 2019(2) dt.16-01-2019 2/2 allegation is of providing job and for that he has collected money and thereby cheating the people but in this case the collection of money is for illegal purpose and opposite party has been granted bail.

In such view of the matter, I am not inclined to interfere with the order dated 11.9.2018 passed by the Additional District and Sessions Judge-XII, Patna. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T