DHANUSHDHARI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 10-12-1986 as contained in Annexure T81 passed by Sri R.B. Rai, Sessions Judge, Siwan, in anticipatory Bail Petition No. 354 of 1986, by which the learned Sessions Judge modified his earlier order dated 6-10-1986 passed in another Anticipatory Bail Petition (Anticipatory Bail Petition No. 288 of 1986) filed by the opposite party No.2 to the extent that the second sentence of my previous order in the last para containing the expression but the order during investigationT should now be deemed to have been deleted.

(2.) It appears that a case under Sections 364/34 of the Indian Penal Code being Bhagwanpur Hat P.S. Case No. 054 of 1986 (G.R. Case No. 1769 of 1986) was registered against opposite party No. 2 on the death of the father of the petitioner. The case was converted into one under Section 364/302/34 of the Indian Penal Code and charge-sheet and a supplementary Charge-sheet were submitted against the accused persons. So far as opposite party No.2 is concerned, his name figured in the supplementary charge-sheet said to have been filed on 10-11-1986 by the police.

(3.) It has been contended that the impugned order (Annexure- 8) is highly improper and quite illegal as having been passed in complete disregard of the earlier order dated 6-10-1986 (Annexure- 3), passed by the learned Sessions Judge himself in Anticipatory Bail Petition No. 288 of1986, whereby the learned Judge had granted anticipatory bail to the opposite party No.2 for a limited period only.