Asha Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70907 of 2019 Arising Out of PS. Case No.-2999 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== ASHA SINHA W/o Late Harinder Prasad Singh Resident of Village- Patahi, Jagannath, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mrityunjay Kumar @ Pintu Singh S/O Kameshwar Singh Resident of Village- Bathrolia, P.S.- Saraia, District- Muzaffarpur, at present in judicial custody in Shaheed Khudiram Bose Central Jail, Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Navendu Kumar For the Opposite Party/s :
Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2020 This is an application for cancellation of bail granted to opposite party no. 2 vide order dated 12.06.2019 passed by the learned 11th Additional Sessions Judge, Muzaffarpur in B.P. No. 821/2019 in connection with Complaint Case No. 2999/2017.
Ground taken by the petitioner for cancellation of bail of opposite party no. 2 is that the learned Sessions Judge has come to a wrong finding and disbelieved the prosecution story of issuance of cheque and has not considered the provisions of Section 138 N.I. Act, as in Section 138 N.I. Act, there is presumption under Section 138 N.I. Act in favour of holder. Heard learned A.P.P.
Patna High Court CR. MISC. No.70907 of 2019(4) dt.20-02-2020 2/2 Heard the parties and perused the impugned order, from which, it appears that the learned Additional Sessions Judge, considering the fact that there is no agreement for sale is available on record and the case is of civil in nature, granted bail to opposite party no. 2 and there is no illegality and impropriety. Further, there is no case of misuse of privilege of bail, tampering with the evidence or there is any chance of petitioner being absconder.
In view of the discussions made above, I do not find any merit in the present application, the same is, accordingly, dismissed.
(Vinod Kumar Sinha, J) sunilkumar/- U T