MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Nawal Kishore Singh, counsel for the petitioner, Mr. Tara Kant Jha, learned Sr. Counsel appearing as amicus curiae and Mr. Shraddhanand Paswan, learned counsel appearing on behalf of opposite party no. 2.

(2.) THE petitioner prays for cancellation of the bail granted to Opposite Party No. 2 by this court by order dated 26.7.2007 passed in Cr. Misc. No. 29908 of 2007 on the ground that Opposite party no. 2 suppressed the fact that he had earlier moved this court for bail and as well also on the ground that a forged and absolutely made up impugned order dated 4.1.2007 of A.D.J. -I, Begusarai has been filed in Cr. Misc. No. 29908 of 2007 for securing bail of Opposite Party No. 2 Vijay Kumar Mandal. The fact reveals a very disturbing aspect as some nefarious elements are at work to tarnish the very institution of justice, which over the years all associated with it has strive to keep aloft its fair name and prestige.

(3.) THE facts of the case in short is that one Vijay Kumar Mandal, Opposite Party No. 2, filed a bail application bearing Cr. Misc. No. 14692 of 2007 in Begusarai Mufassail P.S. Case No. 315 of 2006 dated 14.10.2006 under Section 364A of the Penal Code. The bail application was dismissed vide order dated 24.4.2007 passed analogous with Criminal Misc. No. 14244 of 2007. Thereafter the opposite party no. 2 filed another Cr.Misc. No. 29908 of 2007 on 9.7.2007, suppressing the fact that he had earlier moved this Court in Cr. Misc. No. 14692 of 2007. The bail application was filed through one Mr. Vinod Kumar, Advocate mentioning in the Vakalatnama his sit of practice in the Hon ble High Court at Table No. 3 (having some overwriting), Main Hall, Advocate Association. This court by order dated 26.7.2007 granted bail to the opposite party no. 2.