Md. Naiem Rain @ Md. Naimuddin Rain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31552 of 2018 Arising Out of PS. Case No.-453 Year-2017 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Md. Naiem Rain @ Md. Naimuddin Rain Son of Late Md. Ismail Rain Resident of Ward No. 18, Bhabhua, Police Station - Bhabhua, District - Kaimur Bhabhua.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Nasim Khan Son of Late Masood Khan Resident of Village - Dumari, Police Station - Durgawati, District - Kaimur Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kali Prasanna Dubey For the Opposite Party/s :

Mr.Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2019 Petitioner seeks cancellation of bail granted to O.P.No. 2 by learned Sessions Judge, Kaimur at Bhabua by order dated 22.09.2017 in A.B.P.No. 658 of 2017.

Learned counsel for the petitioner submits that O.P.No. 2 has obtained bail from the court of learned Sessions Judge on the basis of forged document inasmuch as O.P.No. 2, along with his bail application, had annexed Annexure-2 which is a Sanha allegedly lodged by the O.P.No. 2 before the Durgawati Police Station relating to loss of cheque bearing no. 25753. Learned counsel submits that under the RTI Act, the petitioner has obtained a copy of Sanha which is entirely different from Annexure-2 which was attached by the O.P.No. 2 along with his

Patna High Court CR. MISC. No. 31552 of 2018(5) dt.21-08-2019 2/2 application. He further submits that petitioner has got criminal antecedent but without verifying the fact, learned court below has granted bail to the O.P.No. 2.

After having heard learned counsel for the parties and taking into consideration the operative portion of the bail order passed by the learned Sessions Judge, it appears that learned Sessions Judge has not relied upon Annexure-2 while granting bail and the same has not been made basis for grant of bail by him, as such I am not inclined to interfere with the impugned order granting bail dated 22.09.2017. Accordingly, the application stands dismissed.

(Anil Kumar Sinha, J) sujit/- U T