Vijay Bhanu Gupta vs The State of Bihar and Niraj Kumar Gupta

Amaresh Kumar Lal, J.—Both the cases arise out of Siwan P.S. Case No. 52 of 1998 as such both the applications have been heard together and are being disposed of by this common order.

Cr. Misc. No. 11867 of 1999 has been filed by the informant-Petitioner for cancellation of bail granted to opposite party No. 2, Niraj Kumar Gupta vide order dated 3.8.1998 passed by learned Additional Sessions Judge, I, Siwan in B.P. No. 766 of 1998 and Cr. Misc. No. 11883 of 1999 has been filed by the informant- Petitioner for cancellation of bail granted to opposite party No. 2, Pankaj Kumar Gupta @ Pappu vide order dated 24.6.1998 passed by learned Additional Sessions Judge, I, Siwan in B.P. No. 605 of 1998 on the ground that the accused, both the brothers are threatening the Petitioner and creating mental agony to him (the informant) and his family members and are putting unnecessary harassment and they are also bent upon for kidnapping the daughter of the informant.

It is submitted that sessions trial is pending for trial.

Learned Counsel for the State submits that the impugned order has been passed in the year 1998 and much time has passed. The Petitioner may move the learned trial court if any interference in the evidence or any threatening is given to the Petitioner or the members of his family.

After hearing learned Counsel for both the parties, it appears that the contention of learned Counsel for the State is fair.

Considering the facts and circumstances, both these applications are disposed of with liberty to the Petitioner to raise his grievance before the learned trial Court.