S.K.Chattopadhyaya, J.

1. Heard Mr. Singh, on behalf of the petitioner, Mr. Dayal, on behalf of the State and Mr. Shakil Ahmad, on behalf of Opposite Party No. 2 and with their consent this application is disposed of at the admission stage itself.

2. This application under Sec. 439(2) of the Code of Criminal Procedure has been filed by the informant with a prayer to cancel the order of bail given to Opposite Party No. 2 by the learned Vacation Judge, Saran, Chapra by order dated 5-11-1993 in Bail Petition No. 712 of 1993.

3. Pursuant to order dated 28-2-1994, letter of D.I.G., Tirhut Range, Muzaffarpur has been received which is at Flag-P. It appears from the letter dated 9-5-1994 that there is no report of Sri V.D. Ram, the D.I.G. in the office of the D.I.G., Tirhut Range, Muzaffarpur.

4. It is submitted on behalf of the petitioner that from mere perusal of the impugned order it is clear that the learned court below has not properly appreciated the case of the prosecution. It is urged that having found that the Opposite Party No. 2 Ashok Singh with the aid of other accused persons as well as with the help of armed guards overpowered the petitioner and by forcibly confining