Bhola Prasad Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9039 of 2018 Arising Out of PS.Case No. -464 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. Bhola Prasad Sah, S/o Late Manna Lal Sah, Resident of VillageSakraili, P.S.- Barari (Semapur), District - Katihar. .... .... Petitioner

Versus

1. The State of Bihar

2. Chhathu Lal Sah @ Chhathu Lal Sah, Life for all, Kolkata (Trustee of Foundation), S/o Late Manna Lal Sah, Resident of Village - Sakraili, P.S. - Barari, District - Katihar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-07-2018 Heard learned counsel for the parties.

Opposite party no. 2, who is full-brother of the petitioner, was allowed bail by this Court vide order dated 19.09.2017 passed in Cr. Misc. No. 44554 of 2017 (Annexure-2) in connection with Katihar (Town) P.S. Case No. 464 of 2017. The present application is for cancellation of bail for the reason that opposite party no. 2 is carrying criminal antecedent vide Annexure-3 and 4.

Annexure-3 and 4 would reveal that same informant, who is full-brother of opposite party no. 2, has lodged those cases due to civil dispute between the parties. After hearing the parties, I do not find any ground to cancel the bail already granted to the opposite party no. 2.

Patna High Court Cr.Misc. No.9039 of 2018 (5) dt.04-07-2018 2/2 Accordingly, this application stands dismissed. There is no reason that opposite party no. 2 would not cooperate with` the trial. In the event of non-cooperation, the court below is competent to take appropriate action. (Birendra Kumar, J) Kundan/- U T