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Patna High CourtCR. MISC./49157/2015rejected

Manoj Kumar Singh v. State Of Bihar And ANR

2016-04-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49157 of 2015 Arising Out of PS.Case No. -1304 Year- 2012 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Manoj Kumar Singh Son of Sri Shankar Dayal Singh Resident of village - Doriyaon, P.S. Sheosagar, District - Rohtas At Present Mohalla - Company Sarai, Rouja Road No. 1, P.S. Sasaram ( Model ), District - Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gopal Mahto Sonof Late Vyas Mahto Resident of Mohalla - Bharti Ganj, P.S. Sasaram, District - Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-04-2016 Heard both sides.

The petitioner has filed this application for cancellation of bail granted to the opposite party No.2 vide order dated 10.08.2015 passed in Cr. Misc. No. 29675 of 2015. The allegation against opposite party No.2 is that he took Rs.3,84,000/- from the petitioner but refunded only Rs. 1,60,000/- and for the rest amount he issued a cheque but the same was dishonoured.

It is submitted that opposite party No.2 was granted bail on consideration that he was in jail for nine months but true fact is that he remained in jail for only two months and 22 days.

Patna High Court Cr.Misc. No.49157 of 2015 (3) dt.27-04-2016 2/2 Be that as it may, the case relates with dishonouring of cheque and the opposite party No.2 remained in jail for about three months, I do not find any reason to cancel the bail granted to opposite party No.2.

This application for cancellation of bail is dismissed. (Prabhat Kumar Jha, J) BKS/- U T