SHAMBHU SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by petitioner has been filed for cancellation of regular bail granted to opposite party No. 2 Kishore Singh by Sessions Judge, Gopalganj by his order dated 22-10-2001 passed in Bail Petition No. 611 of 2001/42 of 2001 arising out of Uchkagaon Police Station Case No. 86 of 2001 under Sections 147, 148, 149, 323, 324, 307 and 302, Indian Penal Code.

(2.) The case of the petitioner in short is that on 10-8-2001 at about 7 p.m., opposite party No. 2 along with others named in first information report (Annexure-1), forming an unlawful assembly and variously armed with lathi, bhala, katta (countrymade pistol), knife, came to the house of petitioner and started indiscriminately assaulting him and his family members. Opposite party No. 2 inflicted knife injury on the neck of father of informant as a result of which he died at the spot and he also inflicted knife injury on the back of informant. Other co-accused persons assaulted mother, wife, cousin, wife of cousin, daughters of cousin of informant. About the motive of occurrence, petitioner stated that opposite party No. 2 and other co-accused persons are his neighbours and a dispute between him and them was going on in respect of a passage and a case is also pending between the parties for that.

(3.) The petitioner, observing the attitude of Investigating Officer and manner of investigation of case, filed protest petition on 30-8-2001 in the Court of Chief Judicial Magistrate, Gopalganj. On 20-9-2001, opposite party No. 2 and co-accused Angad Singh surrendered before Chief Judicial Magistrate, Gopalganj and prayed for bail but their prayer was rejected. Thereafter they, on 24-9-2001 moved the Sessions Judge, Gopalganj for grant of regular bail and their petition for bail was numbered as Bail Petition No. 611 of 2001 and their bail petition was transferred to the Court of IIIrd Additional Sessions Judge, Gopalganj where it was numbered as Bail Petition No. 42 of 2001. The IIIrd Additional Sessions Judge, Gopalganj heard the bail petition and called for case diary fixing 19-10-2001 but on 19-10-2001, at the prayer on behalf of opposite party No. 2 and co-accused Angad Singh, the case was adjourned to 22-10-2001. In the meantime, another co-accused Ram Pratap Pandit moved the Sessions Judge, Gopalganj for grant of bail and his petition was numbered as Bail Petition No. 668 of 2001 which was kept by the learned Sessions Judge in his personal file and he called for case diary fixing 19-10-2001 but when case diary was not received on 19-10-2001, the Sessions Judge fixed this bail petition on 22-10-2001. The further case of the petitioner is that the Courts were closed from 22-10-2001 to 22-11-2001 for annual vacation and between this period, the learned Sessions Judge, Gopalganj held Court for only one day on 22-10-2001 as Judge-Incharge, vacation and he disposed of Bail Petition No. 611 of 2001/42 of 2001 and Bail Petition No. 668 of 2001 and granted bail to opposite party No. 2 and co-accused Angad Singh and Ram Pratap Singh.