Md. Ekhalakha Raien v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42710 of 2018 Arising Out of PS. Case No.-260 Year-2017 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Md. Ekhalakha Raien Son of Md. Muslim Raien, Resident of Muhallah- Ward No. 14, Bhabhua, Police Station- Bhabhua, District- Kaimur Bhabhua. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Nasiem Khan, Son of Late Masaud Khan, resident of Village- Dumari Police Station- Durgawati, District- Kaimur Bhabhua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2020 This application has been filed for cancellation of bail granted to O.P.no.2, vide order dated 29.6.2017 passed by the learned CJM, Kaimur at Bhabhua in Bhabhua P.S.case No.260 of 2017.

Grounds for cancellation of bail is that considering the materials which are not available on the record, he has granted bail to the O.P.no.2, as such he has come for cancellation bail bond of the O.P.no.2 Heard learned APP and perused the impugned order, from which it appears that the learned CJM has granted bail on consideration that O.P.no.2 has filed an informatory petition to the police for loss of the cheque and for that payment was

Patna High Court CR. MISC. No.42710 of 2018(4) dt.27-02-2020 2/2 stopped and furthermore regular bail has been granted to O.P.no.2 . There is no case of misuse of the privilege of bail or tampering with the evidence or any chance of absconding of the O.P.no.2.

In view of the above, I am not inclined to interfere with the order granting bail to the O.P.no.2, which has been filed in the year, 2017.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U