Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34920 of 2019 Arising Out of PS. Case No.-390 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MUKESH KUMAR Son of Sri Prayag Saw Resident of Village- Darbeshpur, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Radhe Shyam Jha Son of Shiv Shankar Jha Resident of Village- Ramauli, Post- Baheda, District- Darbhanga (Bihar) and at present- Dhanaut Mehbag, Jagdeo Path, Patna (Bihar).

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2019 Heard both sides.

This petition has been filed for cancellation of anticipatory bail granted to O.P. No.2, Radhe Shyam Jha, vide order dated 20.04.2017 passed in Cr. Misc. No. 16145 of 2017. The learned counsel for the petitioner submits that O.P. No.2 was granted anticipatory bail on his submission that he had got no criminal antecedent and no allegation of defalcation is made against O.P. No.2. It is submitted that O.P. No.2 is accused in Ara Nawada P.S. case No. 264 of 2013 and he concealed this fact and anticipatory bail was granted on concealment of facts but it appears from the order dated 20.04.2017 that complainant, of course, named the O.P. No.2 at

Patna High Court CR. MISC. No.34920 of 2019(3) dt.31-07-2019 2/2 serial No.5 of the complaint petition but the complainant did not make any sort of allegation against O.P. No.2 and on consideration of the facts aforesaid, the O.P. No.2 was granted anticipatory bail.

Thus, I do not find any ground for cancellation of anticipatory bail granted to O.P. No.2. Accordingly, this petition for cancellation of anticipatory bail is dismissed. (Prabhat Kumar Jha, J) BKS/- U T