Ajay Kumar Prasad @ @ Saheb Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.18432 of 2015 (2) dt.28-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18432 of 2015 Arising Out of PS.Case No. -27 Year- 2013 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Ajay Kumar Prasad @ Saheb Yadav son of Late Raj Ballam Yadav resident of village- Dorwa Mathia P.S. Dulhin Bazar, Dist- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shashi Kumar @ Shashi Yadav son Budhram Yadav resident of villageDhorwa MAthia P.S. Dulhin Bazar, Dist- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivekanand Vivek For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 28-08-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks cancellation of bail granted to the Opposite Party No. 2 by the Additional Sessions Judge-I, Danapur, in B.P. No. 782 of 2014 arising out of Dulhin Bazar P.S. Case No. 27 of 2013 on misappreciation of facts.

I find that the Sessions Judge-I, Danapur, had not properly looked into the records of the case as because in the impugned order dated 12.2.2015, he has observed that the Opposite Party No. 2 was not named in the First Information Report whereas, he had been named. However, I would be inclined to condone such negligence in view of his subsequent detailed consideration of the materials in the case diary.

Hence, finding no merit in the application, the same is rejected.

(Anjana Prakash, J) S.Ali/- U T