Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31123 of 2018 Arising Out of PS. Case No.-764 Year-2015 Thana- KANKARBAG District- Patna ====================================================== Ashok Kumar Son of Basudev Gope, Resident of Mohalla- Indira Nagar, Road No.4, P.S.- Jakkanpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rakesh Ranjan Kumar, Son of Sri Suresh Prasad, 3.

Rekha Devi, Wife of Rakesh Ranjan Kumar, 4.

Suresh Prasad, Son of Hamarat Prasad, All resident of Village- Fatehpur, 5B, Near Nagar Per, P.S.- Karaiparsurai, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-02-2020 This application has been filed for cancellation of anticipatory bail granted to opposite party nos. 2 to 4 by learned Additional Sessions Judge -IX, Patna, vide order dated 28.04.2017 passed in A.B.P. No. 1745 of 2017 in connection with Kankarbagh P.S. Case No. 764 of 2015, registered for offences punishable under Sections 420 and 506 of the Indian Penal Code and Section 138 of N.I. Act.

Submission of learned counsel for the petitioner is that in spite of anticipatory bail granted to opposite party nos. 2 to 4, they have still not returned the amount to the petitioner. Heard learned A.P.P. and perused the impugned order,

Patna High Court CR. MISC. No.31123 of 2018(5) dt.26-02-2020 2/2 from which, it appears that the learned Sessions Judge after considering the fact that the case relates to dispute between the parties of money transaction and the same is civil in nature, granted anticipatory bail to opposite party nos. 2 to 4. Further there is no allegation against opposite party nos. 2 to 4 of misuse of privilege of bail, tampering with the evidence or absconding in this case.

Considering the discussions made above, I find no merit in this application, same is, accordingly, dismissed. (Vinod Kumar Sinha, J) sunilkumar/- U T