1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17879 of 2009 RAMA SHANKAR SINGH YADAV SON OF LATE CHHEDI YADAV RESIDENT OF VILLAGE DEHRI,P.S.RAJPUR,DISTT.BUXAR Versus THE STATE OF BIHAR & ORS For the petitioner : Mr.Sumant Singh For the State : Mr.Addl.P.P. For O.P.no.2 : None ----------- 5/ 13.1.2010 Heard learned counsel for the petitioner and the State. None appears on behalf of opposite party no.2, Guddu Rai alias Dhananjay Rai despite valid service of notice. The petitioner is informant Rama Shankar Singh Yadav of Rajpur P.S.Case No. 15 of 2003 which has given rise to Sessions Trial No. 338 of 2006 pending in the court of Additional Sessions Judge, Fast Track Court No.II, Buxar. A fardbeyan was lodged by the petitioner regarding killing of his brother Chandrashekhar Yadav. In that case, opposite party no.2 Guddu Rai alias Dhananjay Rai was one of the named accused. He initially filed Cr.Misc.No. 35602 of 2008 for grant of bail. He was refused bail by a Bench of this Court vide order dated 23.10.2008. This rejection order was received by the court below. Again opposite party no.2 filed another application 2 for bail Vide Cr.Misc.No. 45679 of 2008 in which it was specifically mentioned that “the petitioner has not filed any bail application earlier either for grant of anticipatory or regular bail in this matter.” This application was dismissed on 27.11.2008. Thereafter he filed third application for bail Vide Cr.Mis.No. 4850 of 2009 and in that application also it was specifically mentioned in paragraph 2 “that the petitioner has not filed any bail application earlier either for grant of anticipatory or regular bail in this matter”. This application was listed and considering that he has not filed any application before this Court and other facts and circumstances of the case, he was granted bail by this Court on 23.3.2009. Learned counsel for the petitioner has submitted that this is a case of gross concealment of fact and opposite party no.2 has chosen not to defend himself because he has nothing to defend. He has played fraud upon the court, so initially this court while hearing this application passed order on 3 17.8.2009 directing the trial court not to release opposite party no.2 from custody. Prima facie petitioner-informant has been able to prove that opposite party no.2 has obtained bail by misrepresentation of facts. He has concealed the fact that earlier his two bail applications in the case of same police station was rejected. It appears that this is a case of gross concealment of facts. Opposite party no.2 has knowingly chosen not to appear before this Court. Considering all these, the bail granted to opposite party no.2, Guddu Rai alias Dhananjai Rai, by order dated 23.3.2009 Vide Cr.Misc.No. 4850 of 2009 is hereby cancelled. The trial court will take step to see that opposite party no.2 is taken into custody in this case without delay. Accordingly, this application is allowed. Let this order be transmitted to the court concerned through FAX at the cost deposited by the petitioner. Tahir/- ( Shyam Kishore Sharma, J.)