BHARAT KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the informant of Narpatganj P.S. case No. 281 of 2019 registered on 8/5/2019, disclosing commission of the offences punishable under Sec. 302/120B and Sec. 34 of the Indian Penal Code.

(2.) Opposite party No. 2 is one of the sixty-six persons named in the F.I.R. who allegedly participated as a member of a mob which killed informant's father and brother. The opposite party No. 2 approached this Court seeking anticipatory bail under Sec. 438 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') by making an application giving rise to Cr. Misc. No. 43593 of 2019, that was allowed by an order dtd. 16/7/2019 taking into account the submission made on his behalf that the main allegation was against Ramchandra Das (the co-accused) and the petitioner was implicated falsely, he being the Mukhia of the concerned Gram Panchayat.

(3.) This application has been filed under Sec. 439 (2) of the Cr.P.C. seeking cancellation of anticipatory bail granted to opposite party No. 2 mainly on the ground that he had concealed the fact that anticipatory bail application of similarly circumstanced nine accused persons was rejected by an order dtd. 5/7/2019 passed in Cr. Misc. No. 41562 of 2019. Subsequently, this Court rejected the anticipatory bail application of ten other co-accused persons by an order dtd. 31/7/2019 passed in Cr. Misc. No. 47611 of 2019. While rejecting the anticipatory bail application of the co-accused by the said order dtd. 31/7/2019 in Cr. Misc. No. 47611 of 2019, the Court noticed that an earlier order of the Court dtd. 5/7/2019 passed in Cr. Misc. No. 41562 of 2019 was not brought to the Court's notice while passing the order in case of the opposite party No. 2 dtd. 16/7/2019. Two other applications seeking anticipatory bail were rejected by this Court by orders dtd. 28/11/2019 and 21/10/2019 passed in Cr. Misc. No. 50907 of 2019 and 46903 of 2019 respectively, copies of which have been brought on record by way of Annexures- 5 and 6 to this application.