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Patna High CourtCR. MISC./51814/2018disposed

Sarvjeet Kumar v. State Of Bihar And ANR

2020-02-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51814 of 2018 Arising Out of PS. Case No.-142 Year-2017 Thana- DHANARUA District- Patna ====================================================== Sarvjeet Kumar Son of Ramdev Ram Resident of Village- Deodha, P.S. Dhanarua, District-Patna.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Gyan Ranjan @ Gyan Ranjan Singh@ Pinku Singh Son of Rajendra Singh@ Rochak Singh Resident of Village- Deodha, P.S. Dhanarua, DistrictPatna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-02-2020 This application has been filed for cancellation of bail granted to opposite party nos. 2 by Sub Divisional Judicial Magistrate, Masaurhi, Patna, vide order dated 30.06.2017 passed in Dhanarua P.S. Case No. 142 of 2017 in connection with, registered for offences punishable under Sections 147, 148, 307, 149, 504 and 506 of the Indian Penal Code. Submission of learned counsel for the petitioner is that opposite party no 2 by filing fake Vakalatnama on behalf of petitioner as well as a petition for compromise between the parties, has obtained the bail and further the petitioner is the main assailant in this case.

However, on query by this Court, learned counsel for

Patna High Court CR. MISC. No.51814 of 2018(3) dt.24-02-2020 2/2 the petitioner has submitted that he has neither moved before the court concerned by filing a petition under Section 437(5) Cr.P.C. nor before the learned Sessions Judge.

Heard learned A.P.P. also.

Considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to move before the learned court below and make the submission with regard to falsity of compromise petition and the Sub Divisional Judicial Magistrate, Masaurhi, Patna is directed to examine the same and pass an appropriate order after hearing both the parties.

(Vinod Kumar Sinha, J) sunilkumar/- U T