Patna High CourtCR. MISC./18733/2020allowed

Sunil Pandey v. The State Of Bihar

2021-06-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18733 of 2020 Arising Out of PS. Case No.-56 Year-2018 Thana- PARSA District- Saran ============================================== SUNIL PANDEY S/o Madhesh Pandey @ Mahesh Pandey R/o Village- Veer Kunwar Singh Colony, Road No. 12, P.S.- Magadh Medical College, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ============================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Binod Kumar For O.P. No. 2 :

Mr. Murlidhar Mishra ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2021 Heard Mr. Subhesh Pandey, learned counsel for the petitioner and Mr. Murlidhar Mishra, learned counsel for opposite party no. 2. The State is represented by Mr. Binod Kumar, learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Parsha P.S. Case No. 56 of 2018 instituted for the offences under Sections 408, 409, 420 and

Patna High Court CR. MISC. No.18733 of 2020(9) dt.22-06-2021 2/3 120B of the Indian Penal Code.

Vide order dated 08.12.2020, notice was issued to the opposite party no. 2 and the petitioner was granted provisional bail.

Mr. Murlidhar Mishra, learned Advocate has appeared on behalf of opposite party no. 2 and has submitted that the dispute between the petitioner and the informant has been settled and the opposite party no. 2 now does not wish to prosecute the petitioner any further. Learned counsel for the petitioner has pointed out that even otherwise the averments made in the F.I.R. do not make out any case which would amount to an offence in the public domain. It is an interpersonal offence and, therefore, if the matter has been settled, the petitioner ought to be given the privilege of anticipatory bail. Regarding being had to the fact that the dispute between the petitioner and O.P. No. 2 has been settled and O.P. No. 2 does not wish to prosecute the petitioner any further, the provisional bail granted to the petitioner is hereby confirmed.

Patna High Court CR. MISC. No.18733 of 2020(9) dt.22-06-2021 3/3 The petitioner shall remain on the same bail bonds.

The application stands allowed (Ashutosh Kumar, J) sunilkumar/- U T