The High Court has the power to cancel bail on an application by a private party, especially when the State also supports the application.

1. Opposite Party No. 1 Kedar Singh (hereinafter referred to as the "opposite party") has been committed to the Court of Session for offences under Sec.307 and some other sections of the Indian Penal Code. He applied for bail before the Sessions Judge, Patna, which was rejected. Before this Court, he prayed for bail in Criminal Misc. No. 789 of 1972. After stating the material facts, the miscellaneous application stated in paragraph 13 that "the petitioner was on provisional bail from 12-12-1970 to 18-1-1971 and never abused the privilege granted to him". In paragraph 19 it was recited that he had not filed any application for bail in this Court after commitment. This Court granted bail to Kedar Singh on the 5th May, 1972.

2. On the 29th August, 1972, Gaya Singh, the informant of the case, filed this Criminal Miscellaneous Case No. 1659 of 1972 for cancellation of the bail granted to Kedar Singh. This prayer is founded on the ground that order of bail was obtained from this Court by suppressing material facts and making misstatement of certain facts.

3. Mr. Uday Sinha, learned Standing Counsel No. 3, has been heard on behalf of the State and he has strongly supported the contentions for cancellation of the bail. He has urged that it is not merely a technical matter, but it concerns the administration of justice and, therefore, a serious view should be taken of the matter.

4. In order to appreciate the contentions raised, the following facts may be stated. After submission of chargesheet under Sections 148, 149, 337 and 307 of the Indian Penal Code and under Sec.27 of the Arms Act. a petition for bail on behalf of the opposite party was moved, but it was rejected by the Sessions Judge, Patna, on the 27th August, 1970. In Criminal Miscellaneous No. 1634 of 1970, R. J. Bahadur, J. rejected the bail application of Kedar Singh on the 3rd November, 1970. Thereafter, Kedar Singh filed an application for provisional bail before the Sub-divisional Magistrate, Biharsharif on the ground of his wifes illness. By order dated the 10th December, 1970, he was granted provisional bail for 20 days. It was later extended to the 11th January, 1971. After the expiry of this period, the opposite party did not surrender and absconded. Ultimately, his bail was cancelled by order dated the 18th January, 1971 and non-bailable warrant of arrest and processes under Sections 87 and 88 of the Criminal Procedure Code (hereinafter referred to as "the Code") were issued against him. Without surrendering before the Magistrate. he came to this court in Criminal Revision No. 896 of 1971 and Criminal Miscellaneous No. 799 of 1971. Ultimately, the opposite party was permitted to withdraw his bail application in Criminal Miscellaneous No. 799 of 1971 on the 28th April, 1971, and B. D, Singh, J., by his order dated the 28th April, 1971, passed in Criminal Revision No. 896 of 1971, dismissed the revision application and directed him to surrender in person before the Court below. Thereafter, the opposite party surrendered before the Magistrate on the 10th June, 1971.

5. Immediately thereafter, the opposite party began applying for bail on the ground of his own illness. On the 2nd July, 1971, his bail application was rejected by the Munsif Magistrate, Biharsharif, on the ground that he had misused the privilege of provisional bail. His application for bail was also rejected by the Sessions Judge on the 29th July, 1971. An application for bail on ground of illness filed in this Court was permited to be withdrawn by order dated the 14th September, 1971 passed in Criminal Miscellaneous No. 1816 of 1971. On ground of illness, he again applied for bail in Criminal Miscellaneous No. 2374 of 1971, which was refused by Untwalia, J. (as he then was) by his order dated the 3rd December, 1971. While dismissing the application, he made the following observation :

"In my opinion, the petitioner does not deserve to be enlarged on bail during the pendency of the case. Off and