Raju Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39219 of 2017 Arising Out of PS.Case No. -980 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Raju Mahto Son of Basudeo Mahto, R/o Village- Pakri, P.S.- Dumariaghat , District- East Champaran ..... .... Petitioner/s

Versus

1. The State of Bihar .

2. Shashi Ranjan Pathak Son of Sri Kamlakant Pathak, R/o VillageDumariaghat, P.S.- Dumariaghat, District- East Champaran. ..Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey, Adv For the Opposite Party/s : Mr. Sri Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the parties.

This application is for cancellation of bail granted to opposite party No.2 on 17.02.2017 in Cr.Misc. No.4027 of 2017 in connection with Complaint Case No.980 of 2015. After hearing the parties, I am of the view that this is not a case of suppression of criminal antecedent by opposite party No.2.

The bail was granted for the reason that the dispute was regarding non-execution of sale deed after receipt of consideration money in pursuance of an agreement to sale between the parties.

Submission is that opposite party No.2 is habitual offender of act of similar nature with other person also. The bail once granted cannot be reviewed for the aforesaid reason. When there is no allegation of misuse of privilege of bail, there is no merit in this application.

Patna High Court Cr.Misc. No.39219 of 2017 (9) dt.31-10-2018 2/2 Accordingly, this application stands dismissed. (Birendra Kumar, J) Nitesh/- U T