Judgment

Santosh Hegde, J.—Heard learned counsel for the parties.

Leave granted.

2. By this appeal the appellant challenges an order of the High Court of Judicature at Patna made in Criminal Miscellaneous No. 29702 of 2003 dated 19-5-2004 by which order the High Court cancelled the bail granted to the appellant earlier by itself on 19-9-2003. Basic facts necessary for the disposal of this appeal are as follows:-

It is stated by the prosecution that the petitioner is an accused in Hajipur (T) P.S. Case No. 71 of 1993 which was registered U/s 302, 307, 120B of the I.P.C. and Section 27 of the Arms Act on the basis of a complaint given by one Raj Kishore Rai on 6-3-1993 wherein it is stated that the appellant along with some ­others had murdered his brother Ram Davan Rai. Pursuant to the said complaint so far as the present appellant is concerned a charge-sheet was filed only on 11th July, 2003 nearly 10 years after the date of alleged incidence. On coming to know of the filing of such a charge-sheet the appellant moved the Sessions Court at Vaishali for grant of anticipatory bail which was rejected by the Sessions Court as per its order dated 30th of May, 2003. And being aggrieved by the