Alok Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47883 of 2019 Arising Out of PS. Case No.-81 Year-2015 Thana- KHAJEKALA District- Patna ====================================================== Alok Kumar Choudhary, Son of Late Raj Kumar Choudhary Resident of - 37 Khajekallan Town, Kasera Toli, Police Station- Nayagaon, District- Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar, 2.
Gaurav Kumar Chaudhary, Son of Late Raj Kumar Choudhary Resident of - 37 Khajekallan Town, Kasera Toli, Police Station- Nayagaon, DistrictPatna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Shanker Prasad For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 This application has been filed on behalf of the petitioner under Section 439(2) of the Cr.P.C. for cancellation of bail bond of O.P. No.2 furnished in the light of order dated 02.05.2015, passed by the learned Sessions Judge, Patna in A.B.P. No. 2341 of 2015, whereby, the O.P. No.2 was allowed the bail in the event of arrest or surrender within one month with further direction to co-operate with the investigation/trial failing which the learned court below shall be at liberty to cancel his bail bond.
Learned counsel appearing on behalf of the petitioner submits that at the time of hearing of aforesaid ABP No. 2341 of 2015, submission was made that no injury was received to the
Patna High Court CR. MISC. No.47883 of 2019(2) dt.05-08-2019 2/2 informant-petitioner, while two injuries were found on the person of informant-petitioner, which would appear from Annexure-2.
From perusal of the record, it appears that both the injuries are simple in nature caused by hard and blunt substance. Having considered the facts and circumstances of the case, I do not find any reasonable ground to cancel the pre-arrest bail of the O.P. No.2 passed on 02.05.2015 in A.B.P. No. 2341 of 2015 by learned Sessions Judge, Patna. Accordingly, the application filed on behalf of the petitioner is dismissed. (Rajendra Kumar Mishra, J) manish/- U T