High Court Patna High Court - Orders

Abhishak Kumar Singh vs State Of Bihar & Anr on 5 September, 2011

Patna High Court – Orders
Abhishak Kumar Singh vs State Of Bihar & Anr on 5 September, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.28014 of 2009
               Abhishak Kumar Singh, son of Upendra Kumar, resident of
               Mohalla-Naya Bazar, P.S.-Tatarpur (Kotwali), District-
               Bhagalpur
                                            Versus
              1. The State Of Bihar.
              2. Pintu Kumar Pandey @ Pramod Kumar Pandey, resident of
                 Mohalla-Golgahat,    P.S.-Tatarpur    (Kotwali), District-
                 Bhagalpur.
                                          -----------

2. 05.09.2011 The informant-petitioner has preferred this

application under Section 439 (2) of the Cr.P.C. for

cancellation of bail, which was granted to the opposite

party no.2 vide order dated 12.06.2009 passed by the

learned 3rd Additional Sessions Judge, Bhagalpur in

B.P.No.624/09.

Heard Mrs. Pravina Kumari, the learned

counsel for the petitioner and Mr. C.Jawahar, learned

counsel for the State.

The learned counsel for the petitioner submits

that after granting of the bail, the petitioner has been

threatened by the opposite party no.2 several times.

The learned counsel for the State submits that

the prayer of the petitioner cannot be considered at this

stage. The petitioner may file a petition before the trial

court, if such threatening is given.

2

After hearing the learned counsel for both the

parties, it appears that the contention of the learned

counsel for the State is correct. I do not find any ground to

interfere with the orders. However, the petitioner is at

liberty to raise his grievance, if and when such occasion

arises before the learned trial court, which shall be

considered by the learned trial court.

In the result, this application stands disposed

of.

V.K. Pandey                          ( Amaresh Kumar Lal, J.)