1. Petitioner prays for cancellation of bail to opp. parties 2, 3 and 4, namely, Ram Pravesh Singh, Dhananjay Singh and Rajia Singh allowed to them by the Chief Judicial Magistrate, Aurangabad under order dated 12.4.2007 passed in Obra P.S. Case No. 16 of 2007 lodged for offences under Sections 307/34, 324, 323, 341 of the Penal Code.

2. informant who is petitioner before this court had instituted the aforesaid PS case on 7.3.2007 alleging that a dispute arose with opp. party no. 2 for burning Holika which was opposed by the petitioner. Thereafter opp. party no. 2 Ram Pravesh Singh went back to his house and returned armed with his brothers/opp. party nos. 3 and 4 at the place of Holika Dahan and they started assaulting the petitioner with Farsa and lathi. Ram Pravesh Singh was instigating them to attack. The informant who is petitioner here became unconscious, whereafter the opp. parties fled away thinking him to be dead. The petitioner was taken to the Bose Clinic at Dehri-on-Sone where he gave statement on 7.3.2007 on regaining consciousness.

3. Learned counsel for the petitioner submits that on account of a dispute over putting fire in Holika Dahan an altercation took place with opp. party no. 2, whereafter opp. party no. 3, namely, Dhananjay Singh assaulted him with Farsa on his head and Rajia Singh assaulted him with Lathi causing serious head injuries with fracture for which he remained hospitalized from 3.3.2007 to 21.3.2007 and when his condition did not improve he was brought to Dr. A.K. Agrawal, Head of the Department, Neurosurgery, PMCH, Patna where CT Scan was done which indicated that petitioner got "(1) depressed fracture of the Top parietal bone close to midline indurating the adjacent cerebral cortex of both sides, (2) Thin layer of right frontal epidural collection", injuries as mentioned in his medical examination report. It is further submitted that the injury also had the effect on eye sight of the petitioner for which he had to rush to the Shankar Netralaya (Eye Hospital), Chennai in a quick succession. Learned counsel also submits that after investigation police submitted charge-sheet under Section 307 of the Penal Code and the court also took cognizance of the offence under the same section.

4. It is submitted by opp. parties that occurrence took place on 3.3.2007 and FIR was lodged after delay of four days on 7.3.2007 without any cogent explanation. Furthermore, the injured petitioner was not taken to nearby Government Hospitals, at Obra or Aurangabad rather he was carried to a private clinic at Dehri-On-Sone and a collusive grievous injury report was obtained though the injury sustained was simple and ordinary as only minor scuffle took place at time of Holika Dahan. It is also submitted that after being released on bail on 12.4.2007 he has not misused the conditions of bail, as such, this privilege may be extended in his favour.

5. He submits that Section 437(1) of the Cr.P.C. imposes embargo on the power of the Chief Judicial Magistrate to grant bail in a case where there is a reasonable ground for believing that accused has been guilty of offence punishable with death or imprisonment of life. He submits that there is no legal bar on the power of the Magistrate to grant bail in appropriate case other than the one which is punishable by death or imprisonment for life. Finally he submits that consideration for grant of bail and cancellation of the same is different. Learned CJM, Aurangabad granted bail to the opp. parties including opp.party no. 3 on the date of surrender on the ground that there has been delay of three days in lodging of the First Information Report and the medical report of the injured is not of a Government doctor but of a private doctor and the FIR do not contain any specific allegation against any of the accused persons.

6. It would appear from the FIR that the informant became unconscious on 3.3.2007 on account of lathi and Farsa injury on his head, and, when he retained