BABLU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 2.1.2003 passed by the Additional Sessions Judge, I, Barh (Patna) in Cr. Misc. No. 1 of 2002 by which he has cancelled the bail granted to petitioners herein on 29.11.2002 in Pandarak PS Case No. 64 of 2001 under Sections 147, 148, 149, 302, 307 read with 120-B of the Indian Penal Code and Section 27 of the Arms Act.

(2.) It would appear from, the order dated 29.11.2002 passed in B.P. No. 640/2002 that both the petitioners were granted bail on the submission that the allegations against them as contained in the FIR were general in nature and that there was no specific allegation of committing murder against them. The further assumption was that in similar circumstances accused Kapil Singh and Navin Singh were granted bail by this Court in Cr. Misc. No. 3241 of 2002 and 32508 of 2001. It would appear from the said order dated 29.11.2002 that in the said circumstances the court below was persuaded to hold that the allegations against the present petitioners was general in nature and in similar situation two of the accused as named above were granted bail. In the circumstances, the court below proceeded to grant bail to the present two petitioners.

(3.) Subsequently on 13.12.2002 the informant submitted an application for cancellation of bail to the present petitioners. It was contended that the case of the present petitioners was not same or similar to that of the aforesaid accused i.e., Kapil Singh and Navin Singh and, therefore, the grant of bail to the present petitioners for reasons as stated in the, order dated 29.11.2002 was erroneous and contrary to record.