Swapan Kumar Banerji v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6728 of 2017 Arising Out of PS.Case No. -320 Year- 2015 Thana -ALAMGANJ District- PATNA ====================================================== Swapan Kumar Banerji, S/o Late Praful Kumar Banerji, Resident of 32/41 Shivaji Marg, Tikrabara, P.S.- City Kotwali, District- Bilaspur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Shivani Roy, S/o Deo Kumar Roy,

3. Sushovan Roy @ Senti Roy, S/o Deo Kumar Roy,

4. Sudipto Roy, S/o Sri Deo Kumar Roy.

All resident of Ram Babu Ki Gali, Gur Ki Mandi, P.S.- Alamganj, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Bansh Dubey, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing for opposite party nos. 2 to 4.

Earlier opposite party nos. 2 to 4 had moved for bail before this Court in Cr. Misc. No. 9950 of 2016, which was granted to them under order dated 19.05.2016. The present application is for cancellation of bail.

Learned counsel for opposite party nos. 2 to 4 produces the entire order-sheet of the learned ACJM-III, Patna City, Patna, passed in CA No. 592/2016 and brings to my notice the order dated 07.03.2017, passed by ACJM-III, Patna City by

Patna High Court Cr.Misc. No.6728 of 2017 (5) dt.26-04-2017 2/2 which the complaint case has been rejected, as the complainant has lost interest and is neither appearing nor requisites have been fulfilled.

Under such circumstances, prayer for cancellation of bail made by the petitioner in connection with Alamganj P.S. Case No. 320/15 does not subsist.

The application is, accordingly, dismissed.

(Nilu Agrawal, J) Rajesh/- U T