NITYANAND RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) By this appeal the appellant challenges an order of the High Court of Judicature at Patna made in Criminal Miscellaneous No.29702 of 2003, dated 19-5-2004 by which order the High Court cancelled the bail granted to the appellant earlier by itself on 19-9-2003. Basic facts necessary for the disposal of this appeal are as follows :- It is stated by the prosecution that the petitioner is an accused in Hajipur (T) P.S. Case No.71 of 1993 which was registered u/S 302, 307, 120 B of the I.P.C. and Section 27 of the Arms Act on the basis of a complaint given by one Raj Kishore Rai on 6-3-1993 wherein it is stated that the appellant along with some others had murdered his brother Ram Davan Rai. Pursuant to the said complaint so far as the present appellant is concerned a charge-sheet was filed only on 11th July, 2003 nearly 10 years after the date of alleged incidence. On coming to know of the filing of such a charge-sheet the appellant moved the Sessions Court at Vaishali for grant of anticipatory bail which was rejected by the Sessions Court as per its order dated 30th of May, 2003. And being aggrieved by the said order of the Sessions Court, the petitioner preferred an anticipatory bail application before the High Court of Patna which also came to be rejected on 17-7-2003 directing the appellant to surrender and seek regular bail. As per the said direction, it is stated that the appellant surrendered before the C.J.M., Vaishali at Hajipur on 21-7-2003 and moved a regular bail application which was rejected by the learned Sessions Judge on 7-8-2003. Against the said order of rejection of regular bail, the appellant preferred a Criminal Miscellaneous Petition before the High Court of Patna which by its order dated 19th of September, 2003 granted the bail to the petitioner subject to his furnishing a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the CJM, Hajipur.