Patna High CourtCR. MISC./39539/2018rejected

Asharfi Mandal v. State Of Bihar And ANR

2019-01-30Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39539 of 2018 Arising Out of PS. Case No.-130 Year-2016 Thana- SANHAULA District- Bhagalpur ====================================================== Asharfi Mandal Son of Late Bachchu Mandal, Resident of Village- Fajilpur, P.S.- Sanhaula, District- Bhagalpur.

... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Bidya Sagar Mandal, Son of Late Bahuran Mandal, resident of VillageFajilpur, P.S.- Sanhaula, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manohar Prasad Singh, Adv For the Opposite Party/s:

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The application has been filed for cancellation of bail granted to opposite party No.2 vide order dated 30.10.2017 in Cr. Misc. No. 18679 of 2017 in connection with S.Tr. No. 521 of 2017 arising out of Sanhaulla P.S. Case No. 130 of 2016.

Learned counsel appearing for the petitioner submits that although the prayer for bail of opposite party No.2 had been allowed by this Court vide order dated 30.10.2018 passed in Cr. Misc. No. 18679 of 2017 but the opposite party No.2 is tampering with the prosecution

Patna High Court Cr.Misc. No.39539 of 2018(6) dt.30-01-2019 2/2 witnesses resultantly the family member of the petitioner are living under fear. On this ground, the bail bond of opposite party No.2 may be canceled.

Learned counsel appearing for opposite party No.2 has submitted that although allegation of tamepring with the witnesses has been made against opposite party No.2 but the document filed in support of allegation, which is at anneuxre-5 to the supplementary affidavit, is dated 10.08.2017 whereas the bail of opposite party No. 2 had been granted by this Court on 30.10.2017. Therefore no case of tampering with the prosecution witnesses is made out against opposite party No.2.

In view of the rival submission of parties, this Court does not find a fit ground to proceed with cancellation of bail of opposite party No.2. Accordingly, the prayer for cancellation of bail of opposite party No.2 is, hereby, rejected.

(Arvind Srivastava, J) Brajesh/- U T