Akhilesh Chandra, J.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for opposite party no.2.

2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of ORDER :dated 28th February, 2005 passed by learned Sessions Judge, Muzaffarpur, cancelling the privilege of bail granted to the petitioner in Sakra P.S. Case no. 164 of 2003 vide B.P. No. 1192 of 2003 on 29th October, 2003.

3. The relevant facts in this case is that Sakra P.S. Case no. 164 of 2003 was instituted for the offences under Sections 363, 364 and 120B of the Indian Penal Code against three persons including the petitioner. His prayer for bail was considered by the learned Vacation Judge (Sessions Judge) and considering the submission of charge sheet against the petitioner and materials collected till then, the petitioner was granted the privilege of bail. The last operative portion of the bail ORDER :reads as such:

“It appears on a perusal of the case diary that except mere suspicion of the informant, there is no evidence at all against the petitioner to connect him with the aforesaid disappearance of the son of