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Patna High CourtCR. MISC./13423/2017dismissed

Bijay Kumar Srivastava v. State Of Bihar And ANR

2018-04-04Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13423 of 2017 Arising Out of PS. Case No.-97 Year-2015 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Bijay Kumar Srivastava, Son of Sri Sahdeo Prasad, Resident of Mohalla Balua Tola, Near Pandey Collage, P.S.- Town - Motihari, East Champaran, District- Motihari.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Saroj Kumar , Son of Sri Baijnath Prasad, Resident of Village Chandrahiya, P.O. & P.S.- Mufasil, Motihari, District- Motihari, East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukund Jee Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 04-04-2018 This application is directed against the order passed in Cr. Misc. No. 52713 of 2015, which has been filed in connection with Motihari Town P.S. Case No. 97 of 2015, pending before the learned Chief Judicial Magistrate, Motihari, East Champaran.

It is an ill-advised petition, because the High Court had not granted any bail. The bail was granted by the subordinate court, based on the observation made by the High Court. Therefore, the forum for cancellation of bail is not the High Court.

Patna High Court Cr.Misc. No.13423 of 2017(4) dt.04-04-2018 2/2 In view of the aforesaid facts and circumstances, this petition stands dismissed.

(Ajay Kumar Tripathi, J) skm/- U T