- (1.) In this application under section 439(2) of the Code of Criminal Procedure, 1973, the petitioner Vikash Singh, who is the informant, has prayed for cancellation of regular bail granted by this Court to O.P. No. 2 - Nirbhay Singh, in B.A. No. 6324 of 2005 by order dated 1-12-2005.
(2.) The case of the informant is that First Information was lodged by the petitioner on 12-8-2005 before the police alleging, inter alia, that at the time of construction of road by the informant, the accused persons along with 60 other persons armed with fire-arms and deadly weapons came over the place of occurrence and started assaulting and firing upon the people. The accused persons tried to enter in the house of the informant and started blind firing on which the cousin brother of the informant came with fire-arm in self-defence and made some air-firing. The police instituted a case against Dilip Singh, Nirbhay Singh, Dinesh Singh and unknown person under sections 147, 148, 149, 337, 452, 307. 427, I.P.C. and S. 27 of the Anns Act. Thereafter, respondent No. 2 Nirbhay Singh was arrested and his bail petition was refused by the Chief Judicial Magistrate and the Sessions Judge, Jamshedpur. The respondent No. 2 Nirbhay Singh then filed bail petition in this Court being B.A. No. 6324 of 2005. Further case of the informant-petitioner is that after inves-tigation police submitted a charge-sheet on 9-11-2005 under sections 147, 148, 149, 337, 452, 307, 427/ 302, I.P.C. and S.27 of the Arms Act. At the time when bail petition was moved, the charge-sheet was submitted against the respondent No. 2 under Section 302, I.P.C. also. It is further stated that in the bail petition, respondent No.2 made false affidavit that there is no criminal antecedent or criminal history against him.
(3.) The opposite party No.2, who was granted bail, has been noticed and a counter affidavit was filed on his behalf. The respondent denied to have made any false statement in the bail petition.;