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2015 Supreme(Pat) 448

ASHWANI KUMAR SINGH
Pradeep Kumar Jha – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Rajiv Roy, Advocate Mr. Manoj Kumar Jha, Advocate Mrs. Sugandha, Advocate
For the State : Mr. Murlidhar, APP
For the Opp.Party no.2 :Mr. Baidyanath Thakur, Advocate Mr. Shankar Thakur, Advocate

JUDGMENT

This application under section 482 of the Code of Criminal Procedure (for short “the Code”) is directed against the order dated 21.1.2015 passed by the learned Additional Sessions Judge-IV, Madhubani in Sessions Trial No.248 of 2014 arising out of Complaint Case No.321 of 2011 whereby the bail already granted to the petitioners has been cancelled in exercise of powers conferred under section 439(2) of the Code.

2. The opposite party no.2 Sita Raman Jha initially lodged an FIR vide Rudrapur P.S. Case No.4 of 2010 dated 12.2.2010 alleging therein that in the night intervening between 11.2.2010 and 12.2.2010 at about 1 a.m. on hearing sound of knocking of the door his wife suspected that some miscreants had entered into the courtyard of the house. His wife woke him up. When he opened the door of his bedroom, he saw the co-villagers Hem Narayan Jha, Amit Kumar Jha and Pradeep Kumar Jha being armed with pistol were seen standing outside his bedroom in the torchlight. When he raised alarm, they ran away towards main door of the house. He chased them shouting “Chor-Chor”. When he reached near the main door, he saw Shambhu Nath Jha, Dilip Jha and 3-4 unknown persons standing there












































































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