P.S. SAHAY, J.

1. This application on behalf of the informant for cancellation of bail is directed against an order of Sessions Judge, dated the 24th of May, 1976, granting bail to opposite party no. 2 and 3 in Barhiya P.S. Case No. 19 (11) 75 under section 302 of the Indian Penal Code. It may be mentioned here that bail has been granted by the Sessions Judge, Monghyr, under the provisions of section 167 (2) of the Code of Criminal Procedure 1973.

2. Short facts are that the petitioner lodged a first information report stating that, on the 26th of November, 1975 opposite party nos. 2 and 3 along with six others who were named in the first information report, mercilessly assaulted the deceased Bilayat Singh on account of previous enmity. A case was registered and investigation was taken up by the police and opposite party nos. 2 and 3 were apprehended in the case. It seems that, after the case was investigated by the police, an interim chargesheet was submitted on the 24th January 1976. The operative portion of the chargesheet reads as follows:–

"In course of investigation and supervision, this case under sections 148/149/302/342 I.P.C. has been found to be true. Two of the ac