Mallick Mustufa v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31920 of 2016 Arising Out of PS.Case No. -38 Year- 2015 Thana -JAMUI District- JAMUI =====================================

1. Mallick Mustufa son of Late Mallick Ajim Resident of Mohalla- Aameen, Police Starion & District-Jamui .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Yusuf son of Md. Irfan Resident of MohallaAameen, P.S. & District- Jamui. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s :Mr. Sanjay Kumar Pandey ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2016 Heard the parties.

Opposite party No. 2 has been granted regular bail vide order, dated 09.06.2016, passed by learned 2nd Addl. District & Sessions Judge, Jamui, in connection with Jamui P.S. Case No. 38 of 2015, which has been registered for the offence punishable under Section 436 read with Section 34 of the Indian Penal Code.

The present application has been filed, under

Patna High Court Cr.Misc. No.31920 of 2016 (2) dt.05-12-2016 2/2 Section 439(2) of the Code of Criminal Procedure, for cancellation of bail so granted to opposite party No. 2 mainly on the ground that after securing bail from the learned court below, opposite party No. 2 is issuing serious threats to the informant/petitioner to withdraw the case. In this regard the only statement which has been made is there in paragraph 8 of the application.

I have gone through paragraph 8 of the application, which is on the face of it completely vague and is not at all specific. No case for cancellation of bail is made out. There is no merit in this application.

This application is, accordingly, rejected.

(Chakradhari Sharan Singh, J) Praveen-II/- U T