D.K.SINHA,J. - (1.) THE petitioner has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for the quashment of the order dated 1.4.2008 passed by the Sessions Judge, Sahebganj in Cr. Misc. No. 19 of 2007 whereby and whereunder bail granted to the petitioner Prem Shankar Saha on 18.4.2007 in B.P. No. 143 of 2007 was cancelled in Rajmahal P.S. Case No. 70 of 2007 corresponding to G.R. No. 143 of 2007 for the alleged offence under Section 307 and allied Sections of I.P.C., 27 of the Arms Act and Section 3(x) of the S.C. and S.T. (Prevention of Atrocities) Act, now pending in the Court of Additional Sessions Judge -I, Sahebganj in Sessions Case No. 26 of 2007.
(2.) THE brief fact of the case is that the petitioner Prem Shankar Saha along with other accused persons had preferred a Bail Petition under Section 439 Cr.P.C. before the Sessions Judge, Sahebganj in B.P. No. 143 of 2007 wherein the petitioner and the co -accused were admitted to bail on executing bail bond of Rs. 10,000/ - with two sureties of like amount each to the satisfaction of the court below after examining the merit of their bail petition. After some time, a petition was preferred by the Public Prosecutor on behalf of the State before the Sessions Judge, Sahebganj under Section 439(2) of the Code of Criminal Procedure which was numbered as Cr. Misc. Case No. 19 of 2007 praying therein for cancellation of the bail of the petitioner Prem Shankar Saha who along with the co -accused was admitted to bail by the Sessions Judge in B.P. No. 143 of 2007 on 18.04.2007 on the allegation that he obtained bail on the false averment made in the ground 'No. V' of the Bail Petition No. 143 of 2007. It was contained in ground V of the Bail Petition that there was no allegation against him of using firearms and that no cartridge was recovered from the place of occurrence, as such there was no allegation under the Arms Act against the petitioner.
(3.) HAVING been relied upon such averment, the learned Sessions Judge by order dated 1.4.2008 recorded under Section 439(2) Code of Criminal Procedure, observed, The O.P. is enjoying the liberty of bail on the strength of his mis -statement made in the bail petition. For the facts and reason stated above the bail granted to the O.P. Prem Shankar Saha vide order dated 18.4.07 passed in bail petition No. 143/07 is per se void and is hereby cancelled. The learned lower court is directed to cancel the bail bond executed on behalf of the O.P. Prem Shankar Saha and commit him to custody. Accordingly the application of learned P.P. stands allowed.;