Dhananjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52126 of 2017 Arising Out of PS. Case No.-205 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Dhananjay Kumar Son of Late Ramesh Prasad Singh Resident of villageHimmatpatti, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Bikesh Kumar singh Son of Late Sachitanand Singh Resident of villageBhaluhi Rasool, P.S.- Sahebganj, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Bela Singh For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-02-2020 This application has been filed for cancellation of bail granted to opposite party No.2 by learned Sessions Judge, Muzaffarpur in B.P. No. 1498 of 2017 by order dated 24.8.2017 in connection with Sahebganj P. S. Case No. 205 of 2017 registered under Sections 302/34 IPC and Section 27 of the Arms Act.

The ground for cancellation of bail is that learned Sessions Judge without appreciating the materials available on the record, including evidence of some independent witnesses granted bail to opposite party No.2, apart from the fact that opposite party No.2 made threat to the petitioner-informant, which will appear from Annexure-3.

Patna High Court CR. MISC. No.52126 of 2017(8) dt.19-02-2020 2/2 Heard learned APP and learned counsel for opposite party No.2 and perused the impugned order, from which it appears that learned Sessions Judge has granted bail on the ground that during investigation nobody had disclosed the complicity of the opposite party No.2 in the crime. No doubt, it appears from certain paragraphs of the case diary that some witness has named opposite party No.2 only on suspicion but in view of period of custody opposite party No.2 was granted bail and so far threat made by opposite party No.2 after his release is concerned, the matter is still under investigation and the case is filed in the year 2017 and till 2020 nothing untoward has happened.

In view of above discussion, I find no merit in this application. Accordingly, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U T