BHAVESH KUMAR SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The petitioner has filed the present application under Section 439(2) of the Code of Criminal Procedure, 1973, with a prayer for cancellation of bail granted to opposite party no. 2 by an order dated 21.12.2009 passed in B.P. No. 386 of 2009 by learned 2nd Additional Sessions Judge, Naugachia (District-Bhagalpur).

(3.) It appears that the petitioner lodged Ismailpur P.S. Case No. 75 of 2009 dated 17.10.2009 for offences under Sections 341, 323, 365, 386 and 379/34 of the Indian Penal Code. Opposite Party No. 2 is an accused in the aforesaid criminal prosecution and certain allegations have been levelled against him in the F.I.R. vide Annexure-1 lodged by the petitioner. It further appears that during the course of investigation, opposite party no. 2 was apprehended by the police and was remanded to judicial custody. His prayer for bail was rejected by learned Judicial Magistrate, whereafter he preferred the aforesaid B.P. No. 386 of 2009 before the learned Sessions Court, which was finally heard and decided by the impugned order dated 21.12.2009 granting bail to opposite party no. 2.