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Patna High CourtCR. MISC./39055/2019disposed

Farooque Shahab @ Faruk Sahab v. The State Of Bihar

2019-07-24Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39055 of 2019 Arising Out of PS. Case No.-498 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== FAROOQUE SHAHAB @ FARUK SAHAB (male), aged about 54 years, Son of Sayed Zahir Hussain @ Zahir Hussain Resident of Village - Kutub Chapra @ Qutub Chapra, P.S.- Hussainganj, Distt - Siwan. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Yamani @ Yamuni 3.

Nami Both Sons of Mohibul Haque, Resident of Kutub Chapra, P.S.- Hussainganj, Distt - Siwan.

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

For the Petitioner/s :

Mr.Zeyaul Hoda For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for cancellation of bail of opposite party no.2, Yamani @ Yamuni and opposite party no. 3 Nami, who were granted bail by order dated 05.02.2018 passed in Criminal Miscellaneous No. 77830 of 2018. It has been submitted on behalf of the petitioner that after granting bail by this Hon'ble Court, opposite party nos. 2, and 3 threatened the petitioner/informant to withdraw the case. After some argument, learned counsel for the petitioner seeks permission to withdraw the case with liberty

Patna High Court CR. MISC. No.39055 of 2019(2) dt.24-07-2019 2/2 that he will pursue for cancellation of bail granted to the accused before the court below as one of the conditions for grant of bail was that if the accused/opposite party nos. 2 and 3 tampers with the evidence or the witnesses of the case, in that case prosecution will be at liberty to move for cancellation of accused-opposite party nos. 2 and 3.

With such liberty to the petitioner, this application stands disposed of.

(S. Kumar, J) ranjan/- U