IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28806 of 2010 Sunil Kumar Chaudhary, SON OF SRI RAM CHANDRA CHAUDHARY Versus State Of Bihar & Anr ----------- 6. 13.07.2011 The petitioner was allowed bail by an order dated 9.7.2010 passed in Cr. Misc. 22674 of 2010 on the ground that his case was similar to the accused Upendra Sahni who has already been granted bail by this Court vide order dated 21.6.2010 passed in Cr. Misc. 22674 of 2010 and also that he has clean antecedent. The Informant filed this present application for cancellation of bail granted to the Opposite Party No. 2 on the plea that he was granted bail on erroneous ground, since it was asserted in paragraph-11 that nothing had been recovered from the conscious or physical possession of the petitioner whereas the mobile of the deceased had been recovered from his possession. Evidently, bail was granted to the Opposite Party No. 2 on erroneous ground. In view of such, the bail granted to the Opposite Party No. 2, by an order dated 9.7.2010 passed in Cr. Misc. 22674 of 2010 is hereby cancelled. The Chief Judicial Magistrate, Darbhanga, is directed to immediate take the Opposite Party No. 2 into custody in connection with T.R. No. 990 of 2009 arising out of Singhwara P.S. Case No. 113 of 2008. 2 The application stands allowed. S.Ali ( Anjana Prakash, J.)