Sri Shambhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42225 of 2019 Arising Out of PS. Case No.-572 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sri Shambhu Prasad, Aged about 45 years, Male, Son of Kapildeo Prasad, Resident of Emarat Kohinoor Apartment, Flat No.T9, Road No.36, P.O.- Anisabad, P.S.-Gardanibagh, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Krishna Murari Sinha, Son of Late Girja Prasad Sinha, Resident of Sidheshwar Palace Apartment (In front of Vashundhra Apartment) Flat No. F/2, IInd Floor, Budha Colony, West Boring Road, P.S.-Budha Colony, District-Patna.

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

For the Petitioner/s :

Mr.Dr. Satyendra Kumar Srivastava For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner.

This modification petition is filed for cancellation of bail granted to opposite party no.2 by this Court vide order dated 20.07.2018, passed in Cr. Misc. No.42479 of 2018. Learned counsel for the petitioner submits that opposite party no.2 was granted anticipatory bail on consideration of the facts that opposite party no.2 claimed to have returned the entire money to the complainant but opposite party no.2 did not return any money and, therefore, the bail granted to opposite party no.2 is liable to be cancelled but I find that the opposite party no.2 was granted bail on merit after

Patna High Court CR. MISC. No.42225 of 2019(3) dt.24-07-2019 2/2 considering all the facts and I do not find any reason to cancel the bail of opposite party no.2.

Accordingly, the petition of cancellation of bail is dismissed.

(Prabhat Kumar Jha, J) S.KUMAR/- U T