SANTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for cancellation of bail of opposite parties No. 2 to 4 granted by Chief Judicial Magistrate, Ara by his order dated 5.12.2000 in Koilwar Police Station Case No. 138 of 2000 initially registered under sections 341, 323, 324 and 504 read with section 34, Indian Penal Code but subsequently added with Section 307, Indian Penal Code.

(2.) PETITIONER is informant of Koilwar Police Station Case No. 138 of 2000. In his fardbeyan recorded on 3.11.2000, the petitioner stated that on 3.11.2000 at about 5 p.m. when he was standing near a Gumti, opposite party No. 2 came there and started abusing him and thereafter opposite party No. 3, armed with a fasuli and opposite party No. 4, armed with a katta (country made pistol), came there and they also abused the petitioner and, thereafter, at the order of opposite party No. 4, opposite party No. 3 inflicted injury with fasuli on the left side of head of petitioner and when he again wanted to give another blow with fasuli, the informant warded it off with his hand as a result of which he received fasuli injury on his hand and after it, opposite party No. 4, who was armed with katta, chased petitioner by abusing him. On the basis of fardbeyan of informant, Koilwar Police Station Case No. 138 of 2000 under sections 323/324/504 read with Section 34, Indian Penal Code, was registered.

(3.) THE case of petitioner is that opposite parties No. 2 to 4 surrendered before the Court of Chief Judicial Magistrate, Ara and prayed for bail suppressing material facts and it was placed before Chief Judicial Magistrate, Ara that a case under Sections 323/324/341/504/34, Indian Penal Code had been instituted. According to the petitioner, the learned Chief Judicial Magistrate, without perusing first information report and protest petition and without calling for case diary, granted bail to opposite parties No. 2 to 4. Further case of petitioner is that the allegations made in first information report and materials collected during the course of investigation, disclose that opposite parties No. 2 to 4 have committed offence and police submitted chargesheet under Section 307 and other allied sections of Indian Penal Code and opposite parties No. 2 to 4 are misusing the privilege of bail because they are giving threatening to petitioner for compromising the case and a proceeding under Section 107, Code of Criminal Procedure has already been initiated against them on the basis of police report. Petitioner has prayed for cancellation of bail of opposite parties No. 2 to 4 granted by learned Chief Judicial Magistrate, Ara.