Patna High CourtCR. MISC./45994/2016dismissed

Chunu Tiwari v. The State Of Bihar And ORS

2016-12-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45994 of 2016 Arising Out of PS.Case No. -768 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chunu Tiwari Son of Late Sharma Tiwari Resident of Village-Thakarha, Tola - Nautan, P.S. Thakraha, District-West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Santosh Tiwari son of Brij Narayan Tiwari Resident of Village-Bhedihari Patti, P.O. & P.S. Thakraha, District-West Champaran

3. Rajendra Tiwari son of Late Shankar Tiwari Resident of VillageThakarha, Tola - Nautan, P.S. Thakraha, District-West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Sharma, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-12-2016 The opposite party No. 2 has been granted anticipatory bail by an order dated 20.08.2016 passed in Complaint Case No. C768 of 2013 (Trial No. 4497 of 2016) registered for the offences punishable under Sections 120B, 341, 323, 420, 467, 468, 448, 440, 504 and 506 of the Indian Penal Code by the court of learned 1st Additional Sessions Judge, Bagaha, West Champaran. The petitioner is the complainant of the said case and seeks cancellation of bail on the ground that the court below wrongly granted opposite party No. 2, privilege of anticipatory bail.

I have perused the order passed by learned 1st

Patna High Court Cr.Misc. No.45994 of 2016 (2) dt.06-12-2016 2/2 Additional Sessions Judge, Bagaha, West Champaran from which I find that the dispute between the petitioner and opposite party No. 2 is primarily of civil nature. There is no allegation of any misuse of privilege of bail so granted.

I do not find any merit in this application, which is accordingly dismissed.

(Chakradhari Sharan Singh, J) Vats/- U T