Santosh Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80033 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Santosh Kumar Yadav, age about 27 years, son of Shyam Yadav, resident of village- Sultanpur (Beridharsham), P.S.-Kusheshwar Ashthan, DistrictDarbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar &

2. Ram Lochan Chaudhry, son of late Abadh Narayan Chaudhary, resident of village-Sultanpur, P.S.- Kusheshwar Asthan, District- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-01-2019 This application has been filed for cancellation of regular bail granted to the Opposite Party No.2 by this Court by order dated 20.11.2018 passed in Cr. Misc. No.59853 of 2018 in connection with Kusheshwar Asthan P.S. Case No.148 of 2018 to the satisfaction of Additional Chief Judicial Magistrate, Biraul.

This Court finds that earlier bail was granted to Opposite Party No.2 on merit by this Court.

Counsel for the petitioner submits that there is no allegation against this petitioner of assaulting the deceased with Farsa. This may be error of record, but this is not going to change the nature of allegation against the petitioner.

Patna High Court Cr.Misc. No.80033 of 2018(2) dt.09-01-2019 2/2 Counsel for Opposite Party No. 2 submits that petitioner has never misused the privilege of bail after having granted bail.

This Court finds no merit in this application. The application is, accordingly, dismissed.

(Sanjay Priya, J) J. Alam/- Rohit Kr.

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