JOEBACHH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for cancellation of bail granted by the learned Additional Chief judicial Magistrate, Rosera by order dated 1. -12 -1999 in Singhia P.S. Case No. 53 of 1998 to accused Shiv Shankar Singh.

(2.) THE aforesaid case was registered under Section 364 read with Section 34 of the Indian Penal Code. The only point that has been urged by the learned counsel for the petitioner is that since the aforesaid offence is punishable with life imprisonment, the learned Magistrate under law was not empowered to grant bail to the accused which power was vested with the court of Sessions and in the High Court.

(3.) LEARNED counsel for Opposite Party No. 2 on the other hand has submitted that the order of the learned Magistrate is well reasoned one and he has mentioned the grounds from which it would appear that the accused was falsely implicated such as earlier enquiry made into the allegation by a police officer and the supervision note of S.D.P.O., Rosera in whicl he did not find the case supported by evidence.