JUDGMENT :

The petitioner is the informant of Narpatganj P.S. case No. 281 of 2019 registered on 08.05.2019, disclosing commission of the offences punishable under Section 302/120B and Section 34 of the Indian Penal Code.

2 Opposite party No. 2 is one of the sixty-six persons named in the F.I.R. who allegedly participated as a member of a mob which killed informant’s father and brother. The opposite party No. 2 approached this Court seeking anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) by making an application giving rise to Cr. Misc. No. 43593 of 2019, that was allowed by an order dated 16.07.2019 taking into account the submission made on his behalf that the main allegation was against Ramchandra Das (the co-accused) and the petitioner was implicated falsely, he being the Mukhia of the concerned Gram Panchayat.

3 This application has been filed under Section 439 (2) of the Cr.P.C. seeking cancellation of anticipatory bail granted to opposite party No. 2 mainly on the ground that he had concealed the fact that anticipatory bail application of similarly circumstanced nine accused persons was rejected by an order dated 05.0