MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, who is the informant, in Begusarai Mufassil P.S. Case No. 315 of 2006 in a case under Section 364A of the Penal Code has preferred the instant application for cancellation of bail granted to Opposite Party No. 2 Vijay Kumar Mandal by this court by order dated 26.7.2007 passed in Cr. Misc. No. 29908 of 2007 on various grounds namely: -(i) suppression of fact that he has moved the High Court earlier, (ii) annexing a forged certified copy of impugned order dated 4.1.2007 passed in B.A. No. 2130 of 2006 passed by the learned 1st Additional Sessions Judge, Begusarai changing its material contents from its original, (iii) for causing interpolation in the F.I.R. as well as in paragraph 1 and prayer portion in Cr. Misc. No. 29908 of 2007. In course of this proceeding it subsequently transpired that the name of lawyer, his Advocate 'sClerk who identified the deponent as well as the person swearing affidavit are all fake and all are by impersonation.

(2.) THIS court by order dated 12.9.2007 had issued notice to Opposite Party No. 2 to show cause as to why bail granted to him be not cancelled. Mr.Shraddhanand Paswan; Advocate appeared on behalf of Opposite Party No. 2 and prayed for adjournment to file reply. It appears that Opposite Party No. 2 subsequently withdrew the Vakalatnama given in favour of Mr. Shraddhanand Paswan, Advocate.

(3.) MR . Tara Kant Jha, learned Senior Counsel who was present in the court offered to appear in this case as amicus curiae.