S.N.JHA
Vishwanath Tiwary – Appellant
Versus
State Of Bihar – Respondent
1. These two applications were heard together as they arise out of the same matter and they are being disposed of by this common judgment with the consent of the parties.
2. The facts relevant for the disposal of these two applications, in short, are that opp. party 2, 3 and 4 of Cr.Misc.No.2852/1986 were granted anticipatory bail by this Court vide order dt.11-3-1986 in Cr.Misc. No.2026/1986. The said order reads as follows :-
Heard both the parties. In view of the supervision note of the higher police officer, I accept the prayer for anticipatory bail of the petitioners. Let the three petitioners namely Surendra Pandey, Hari Govind Pandey and Madho Pandey be released in the event of their arrest, in Siwan Muffasil P.S.Case No.21 of 1985, on a bail of Rs.4,000.00 (Rupees four thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, subject to the conditions Under S.438(2) Cr.P.C."
3 An application under S.439(2) of Cri. P.C. being Cr.Misc.No.2852/1986 was filed by the petitioner of the aforesaid miscellaneous case to cancel the order granting anticipatory bail dt.11-3-1986 in Cr. Misc.No.2026/1986 which is the subjec
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