Patna High CourtCR. MISC./33273/2016dismissed

Raj Kumar Mahato v. State Of Bihar And ANR

2016-12-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33273 of 2016 Arising Out of PS.Case No. -206 Year- 2013 Thana -BIBHUTIPUR DistrictSAMASTIPUR ===================================== Raj Kumar Mahato, Son of Late Bankul Mahato, R/o Vill.- Bibhutipur, P.O.-Bibhutipur, P.S.-Bibhutipur, DistrictSamastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nandeshwar Prasad, Son of Late Lakhan Mahato (Chairman Packs Bibhutipur, East), Village-Khadiyari, P.S.- Bibhutipur, District-Samastipur.

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

For the Petitioner/s : Mr. Gopal Pandey For the Opposite Party/s : Mr. Anant Kumar ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2016 Heard the parties.

The opposite party No. 2 has been granted regular bail by the Court of learned Additional District & Sessions Judge-II, Samastipur, vide order, dated 06.06.2016, passed in Bail Petition No. 383 of 2016, in connection with Bhibutipur P.S. Case No. 206 of 2013, registered for the offences punishable under Sections 384,

Patna High Court Cr.Misc. No.33273 of 2016 (2) dt.05-12-2016 2/2 420, 406, 467, 468, 471 and 120B of the Indian Penal Code.

The petitioner, on whose complaint the First Information Report came to registered, seeks cancellation of bail granted to opposite party No. 2, on the ground that in the facts and circumstances of the case and nature of accusation, the learned court below ought not to have granted him the privilege of regular bail.

I have perused the complaint petition, which is the basis for registration of the First Information Report. In view of the nature of accusation, grant of regular bail to the opposite party No. 2 cannot be said to be wholly unjustified. There is nothing to show that opposite party No. 2 is misusing the privilege of bail after having been released on bail. In such circumstance, no case has been found for cancellation of bail.

This application is, accordingly, rejected.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T