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Patna High CourtCR. MISC./34984/2018dismissed

Shri Chanchal Kumar v. The State Of Bihar And ORS

2020-02-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34984 of 2018 Arising Out of PS. Case No.-282 Year-2016 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Shri Chanchal Kumar S/o Shri Ravindra Singh, Director of Pushp Bharti Developers private Limited , Resident of Bajrangpuri Shahid Bhagat Singh Path, Road No.3, P.S.- Alamganj, Distt- Patna, Presently residing at 11/48, S.K. Puri Town and District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Devraj Rai, Son of Late Ishwar Rai Resident of Village - Hathiyakandh, Bandhu Tola, P.S.- Shahpur, District- Patna.

3.

Daroga Rai, Both sons of Late Ishwar Rai, Resident of VillageHathiyakandh, Bandhu Tola, P.S.- Shahpur, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumod Kumar Shrivastaw For the Opposite Party/s :

Mr.Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-02-2020 This application has been filed for cancellation of bail granted to O.P.nos.2 and 3, vide order dated 22.12.2016 passed by the Addl. Sessions Judge X, Patna in connection with Srikrishna Puri P.S.Case No.282 of 2016.

Grounds for cancellation of bail is that the petitioner has suppressed the antecedent in his petition and false affidavit has been sworn.

Heard learned APP and perused the record, from which it appears that the bail was allowed to the O.P.nos. 2 and 3 on two grounds firstly that there is civil dispute between the parties and also considering the period of detention. There is no

Patna High Court CR. MISC. No.34984 of 2018(7) dt.26-02-2020 2/2 consideration of the antecedent by the learned Addl. Sessions Judge, which appears from the impugned order. There is no allegation of tampering with the evidence or misuse of the privilege of the bail though the same has been granted in the year, 2016.

Considering the above, I am not inclined to interfere with the order granting bail to the O.P.no.2 and 3. Hence, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U