IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30964 of 2008 M/S Kalawati Enterprises Pvt. Ltd. having its Registered Office at Kala Bhawan, Nazipur, Muzaffarpur and its Corporate Office at 11, I.A.S. Colony, Kidwaipuri, Patna- 800001, through its Human Resources Manager Sri Shashi Ranjan. … Petitioner. Versus 1. The State Of Bihar 2. Manoj Kumar Pandey son of Sri Gouri Shankar Pandey, Proprietor, Sri Bajrang Pharma, resident of B-D/3 Uday Palace, 1st Floor, Govind Mitra Road, Police Station- Pirbahore, District- Patna. …. Opposite Parties. ----------- 7. 02.09.2011 The complainant-petitioner has preferred this application under Section 439(2) of the Code of Criminal Procedure for cancellation of the anticipatory bail granted to the accused opposite party no. 2 vide order dated 9.5.2008 passed by the learned Sessions Judge, Patna in Anticipatory Bail Application No. 2596 of 2008. Heard learned counsel for both the parties. The main contention of learned counsel for the petitioner is that accused opposite party no.2 has obtained the anticipatory bail vide impugned order by suppressing the material fact that accused opposite party no. 2 preferred Cr. Revision No. 876 of 2005 before the Court of Sessions Judge, 2 Patna against the order dated 21.10.2005 by which his petition under Section 205 of the Code of Criminal Procedure was rejected by the Court below. The said revision application had been rejected by the Additional Sessions Judge, IXth Patna vide Order dated 21.9.2007 and also that the offence under Section 138 N. I. Act is not only a civil liability but it is also a criminal liability. Learned counsel for opposite party no. 2 has submitted that after grant of anticipatory bail the opposite party no. 2 has not misused the privileged of bail and the complainant-petitioner is himself lingering the case. After hearing learned counsel for both the parties and considering the facts and circumstances, I do not find any ground to cancel the anticipatory bail granted to opposite party no. 2 vide impugned order. In the result, this application is dismissed. Kanchan (Amaresh Kumar Lal, J.)