RAJDEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for opposite party no. 2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 28th February, 2005 passed by learned Sessions Judge, Muzaffarpur, cancelling the privilege of bail granted to the petitioner in Sakra P.S. Case No. 164 of 2003 vide B.P. No. 1192 of 2003 on 29th October, 2003.

(2.) The relevant facts in this case is that Sakra P.S. Case No. 164 of 2003 was instituted for the offences under Sections 363, 364 and 120B of the Indian Penal Code against three persons including the petitioner. His prayer for bail was considered by the learned Vacation Judge (Sessions Judge) and considering the submission of charge-sheet against the petitioner and materials collected till then, the petitioner was granted the privilege of bail. The last operative portion of the bail order reads as such:-

(3.) Thereafter, prayer for bail on behalf of co-named accused Jagarnath Prasad was made. At the time of hearing of such prayer same Judge, finding some direct materials as an outcome of subsequent investigation pending against the petitioner there, while rejecting the prayer made on behalf of co-named accused Jagarnath Prasad, noticed that same materials are equally applicable in case of the present petitioner against whom earlier not only charge-sheet was submitted, but on consideration of materials, at the relevant time he was enlarged on bail. Consequently, notice to show cause was issued against the petitioner as to why not the privilege granted to him may be cancelled. In response, petitioner appeared, filed show cause and by detailed order court below cancelled the privilege granted to the petitioner giving rise to instant case.