Upendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55878 of 2018 Arising Out of PS.Case No. -263 Year- 2016 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Upendra Kumar, Son of Vishwanath Prasad, Resident of VillageVishunpur, P.S.- Ghoshi, District- Jehanabad. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sharwan Kumar, Son of Late Basudev Singh, Resident of VillageLakhawor, P.S.- Ghoshi, District- Jehanabad. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Srivastava For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 This application has been filed for cancellation of anticipatory bail granted to opposite party No.2 vide order dated 10.4.2018 passed in Cr.Misc.No. 13521 of 2018 on the ground that he is not co-operating in investigation.

From perusal of the order dated 10.4.2018 it appears that the case arises out of a complaint case and inadvertently it has been mentioned in the order that petitioner has to appear before police though no such occasion arises in the present case as it is a complaint case.

In such view of the matter, I am not inclined to interfere with the earlier order. This application is dismissed. (Vinod Kumar Sinha, J) spal/- U