Brahmanand Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47666 of 2017 Arising Out of PS. Case No.-97 Year-2016 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Brahmanand Jha ... ... Petitioner/s

Versus

State Of Bihar and Ankur Kumar Murari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-02-2020 This application has been filed for cancellation of bail granted to opposite party No.2 by order dated 13.6.2016 passed by the then co-ordinate Bench of this Court in Cr.Misc.No. 19566 of 2016.

The ground for cancellation of bail is that later on opposite party No.2 made threatening to the petitioner and others and for that Kazi Mohammadpur P. S. Case No. 195 of 2017 was registered in which charge sheet has already been submitted and as such this is a case of misuse of privilege of bail.

Heard learned APP and learned counsel for opposite party No.2 and perused the order under challenge, from which it appears that co-ordinate Bench of this Court has granted anticipatory bail after considering the materials available on the

Patna High Court CR. MISC. No.47666 of 2017(9) dt.19-02-2020 2/2 record. So far contention of filing a case relating to threat given to him and his family members, FIR discloses that allegation of abusing, assaulting and outraging modesty is vague without any date and time and in the background of enmity between the parties, it will not be proper to cancel the bail bonds of opposite party No.2 on the basis of the same, that may be filed in order to make out a case for cancellation of bail.

Considering the discussions made above, I find no merit in this application. Accordingly, this application is dismissed.

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