Patna High CourtCR. MISC./8512/2018disposed

Dharmvir Prasad @ Dharmvir Prasad Gupta v. State Of Bihar And ANR

2018-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8512 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Dharmvir Prasad @ Dharmvir Prasad Gupta S/o Late Kishun Sao, R/o Village- Karu Bigha, P.S.- Nimchak Bathani, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vidyasagar Bharti S/o Late Navratan Sao, R/o Village- Karu Bigha, P.S.- Nimchak Bathani, District- Gaya.

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2018 By way of the present application, the petitioner seeks for cancellation of bail of opposite party no. 2, who granted the privilege of bail by this Court vide order dated 19.05.2017 passed in Criminal Miscellaneous No. 2361 of 2017. Submission of learned counsel for the petitioner that the opposite party no. 2 has been granted bail on the condition that he will not disturb the possession of informant in that case, however, the opposite party no. 2 has made the attempt to disturb the possession of the informant (petitioner in the present case), for which the chowkidar has lodged an application before the Officer In-charge, Nimchak Bathani police station and an informatory petition has also been filed.

Patna High Court Cr.Misc. No.8512 of 2018 (2) dt.28-02-2018 2/2 However, on enquiry learned counsel for the petitioner fairly acceded that he has not lodged any case with regard to the said act of opposite party no. 2, as such I am not inclined to interfere with the order dated 19.05.2017. However, this application is disposed of with observation that if any application is filed by the petitioner in the concerned court below, the concerned court below shall enquire into the matter and if the allegation is found true, he may cancel the bail bonds of opposite party no. 2.

(Vinod Kumar Sinha, J) sunil/- U T