JUDGMENT

Binodanand Singh, J - Initially this application was filed under section 439 (2) of the Code of Criminal Procedure (hereinafter referred to as "the Code"). However, subsequently the learned counsel appearing for the petitioner by order dated 30-10-1990 was permitted to convert this application into an application under section 397; read with section 401, of the Code and to make necessary amendment wherever required in, tire petition since earlier a prayer was made to cancel the bail granted to opposite party No. 1 Ram Dhyan Roy by the impugned order dated 30-7-1990 passed by the learned Sessions Judge, Sitamarhi, in Sessions Trial No. 197 of 1990 and direct him to be committed to prison or surrender before the Judicial Magistrate 1st class, Sitamarhi. Accordingly, amendments have been made and now the prayer of the petitioner has been confined only to the part of the impugned order by which the learned Sessions Judge has considered the case of the opposite party No. 1 as an accused on the trial before him, being Sessions Trial No. 197 of 1990 and in that capacity on appearance of the opposite party No. 1 has released him on bail and further has fixed 68-1990 for framing of