SURESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for cancellation of bail of OP No. 2 granted by this Court under Section 438 of the Code of Criminal Procedure by order dated 14.8.2000 passed in Cr. Misc. No. 19670 of 2000.

(2.) ON behalf of the Petitioner it has been submitted that bail allowed to the OP No. 2 deserves to be cancelled firstly for error in paragraph 7 of the bail petition where date of complaint case filed by the Petitioner on 22.6.1998 has been wrongly given as 23.10.1998 and for error in paragraph 11 in showing the date of protest petition filed by Petitioner sometime in the year 1998 to be dated 4.1.2000. Learned Counsel for the OP No. 2 on the other hand explained on the basis of copy of FIR contained in Annexure -1 and Annexure -6 that the errors in the dates cropped up due to inadvertent errors by learned Counsel drafting the bail petition as he went by the dates mentioned in Annexure -1 and Annexure -6 which were dates respectively of filing of the FIR and not the complaint petition and of statement of the complainant on solemn affirmation of and not of the protest petition. However, it was further submitted that such errors were not with a view to mislead this Court and the original documents such as Annexure -1 and Annexure -6 were available on record.

(3.) THIS Court finds no merit in other submissions that OP No. 2 should have disclosed to this Court that some witnesses of the Petitioner -complainant had been examined under Section 164 of the Code of Criminal Procedure and that one such witness had filed a substantive criminal case of abuse and assault against OP No. 2 prior to order of bail dated 14.8.2000. None of these submissions have merit so as to warrant cancellation of bail already granted to OP No. 2.