Patna High CourtCR. MISC./50937/2015dismissed

Gayanand Mandal v. State Of Bihar And ANR

2016-07-20Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50937 of 2015 Arising Out of PS.Case No. -2492 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Gayanand Mandal son of Lae Sundar Lal Mandal, Resident of village- Palarmani, P.S. Sikty, District-Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Yugeshwar Mandal son of Late Kharkattu Das, resident of villagePalarmani, P.S. Sikty, District-Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks cancellation of the order dated 17.08.2015 passed by this Court in Cr. Misc. No. 32959 of 2015. It is submitted on behalf of the petitioner that the aforementioned order was passed on the basis of categorical submission that a Title Suit No. 116 of 2011 was pending between the parties and, therefore, the petitioner therein had been falsely implicated in the case.

Learned counsel for the petitioner who is seeking cancellation of the bail, submits that there was no such title suit pending between the parties and only on the false premise, the

Patna High Court Cr.Misc. No.50937 of 2015 (7) dt.20-07-2016 P2/2 aforementioned order was passed. In support of his contention, he has filed a copy of the order of the Title Suit No. 116 of 2011 pending before the Court of learned Munsif, Araria. In this context, the file of Cr. Misc. No. 32959 of 2015 was referred to by this Court in the complaint petition filed with the said criminal miscellaneous application. It appears that the petitioner had, in fact, purchased land from the father of the Yugeshwar Mandal (petitioner in Cr. Misc. No. 32959 of 2015). It thus, appears that there was some dispute between the parties for which a suit was pending. This fact can best be resolved in the Court below.

At the present, no case for cancellation of bail is made out. It is accordingly dismissed.

(Anjana Mishra, J) Saif/- U T