IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44020 of 2008 ARUN KUMAR SINHA, S/o Raghav Sinha, R/o Village – Shivganj, P.S. Shikarpur, Distt. – West Champaran. Versus STATE OF BIHAR ----------- 2. 16.12.2008. Heard. In the complaint it has been alleged that the petitioner and another person induced certain persons to believe that the petitioner is in a position to give appointment and upon such inducement obtained payments, but after having had failed to provide appointments, refused to return the money received. In the application, the petitioner is seeking the Court to use its discretion to grant anticipatory bail to him. However, in the application he had not stated anything on the basis whereof the Court can use its discretion. It has been stated in paragraph 9 of the petition that whatever circumstances might be the cause for launching the prosecution or whatever dispute might be in between the parties, but now all their disputes and differences have been amicably settled, a compromise has been entered into in between the parties and, therefore, a regular compromise - 2 - petition under the signatures of both the parties and their respective Advocates has been filed before the Court of the learned Addl. Chief Judicial Magistrate, Bagaha, West Champaran. A copy of the compromise petition has been annexed, which only says that the parties thereto have compromised in between themselves. A criminal case is not an adversarial proceeding. The same is by the society against those who have harmed the society. Petitioner, who has been alleged to have committed a crime against the society, seeks the Court to exercise discretion in his favour without letting the Court to know anything about what was the real dispute between the parties. It is surprising that not even the tip of the iceberg has been disclosed in the application. On such an application I do not think any discretion can be used. A prayer has been made that since the Court is considering the application of the other co-accused, this application should also be decided along with the other pending application. When the decision is that the application does not inspire use of discretion, keeping the same pending would hardly do anything better than what - 3 - can be done today. The application is rejected. dk ( Barin Ghosh, J. )