Surendra Kumar Jaiswal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80550 of 2018 Arising Out of PS. Case No.-206 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Surendra Kumar Jaiswal ... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Opposite Party/s :

Mr.Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 Heard the parties.

The petitioner seeks cancellation of pre-arrest bail granted to the O.P.No.2 vide order dated 29.09.2018 passed in A.B.P.No.6020 of 2018 arising out of Bakhtiyarpur P.S.Case No.206/18 by the learned Additional District and Sessions Judge-II, Barh.

Submission on behalf of the learned counsel for the petitioner is that the learned Additional District and Sessions Judge-2nd Barh, has not considered that the O.P.No.2 was made accused on the basis of the materials available on the record on which a case of forgery and cheating is made out but granted anticipatory bail to the O.P.No.2. As such, issuance of notice is not desirable.

Heard the learned A.P.P. also.

Patna High Court Cr.Misc. No.80550 of 2018(2) dt.11-01-2019 2/2 Having heard both sides and in view of the facts and circumstances of the case and on perusal of the impugned order I find that there is no illegality in the order as considering the materials available on record learned trial court has granted anticipatory bail to the O.P.No.2 and there is no allegation that he has misused the privilege of bail. As such, I am not inclined to interfere with the order passed by the learned Additional Sessions Judge-2nd and,accordingly, prayer for cancellation of anticipatory bail is rejected.

This application is dismissed.

(Vinod Kumar Sinha, J) aks/- U