Tuntun Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20150 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -SAHPUR District- PATNA ====================================================== Tuntun Kumar, S/o Shri Rampati Rai, Hathia Kand, Bandhu Tola, P.O.- Sarai, P.S.- Shahpur, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Ram Kumar Singh @ Raj Kumar Singh, S/o Late Ram Bachan Singh, R/o Village- Bhawatipur, District- Patna.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-09-2017 Heard the learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel for the opposite party No.2.

Opposite party No.2, Ram Kumar Singh @Raj Kumar Singh was allowed regular bail by this Court on 18.03.2017 in Cr.Misc.No.10379 of 2017 in connection with Sahpur P.S.Case No. 114 of 2016 for the reason that non-performance of agreement to sell was the cause of making allegation under Section 467/468/406/420/384/120B/34 of the Indian Penal Code .

By filing this application, cancellation of

Patna High Court Cr.Misc. No.20150 of 2017 (4) dt.13-09-2017 bail has been sought for on the ground that the petitioner had filed Sanha before Sahpur Police Station, stating therein that the opposite party No.2 after grant of bail is pressurizing for compromise of the case otherwise threatened to kill the petitioner and his family members. The petitioner is at liberty to take police protection for his personal liberty. A Sanha petition cannot be a ground to treat that this is matter of tampering with the evidence. Hence, there is no merit in the prayer of the petitioner.

Accordingly, the application stands dismissed.

(Birendra Kumar, J) Nitesh/- U T