Patna High Court Cr.Misc. No.15573 of 2011 (8) dt.07-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15573 of 2011 ====================================================== Barun Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 8 07-03-2012 Heard learned counsel appearing for the accused, Manik Chand @ Manik Chandra as well as learned counsel appearing for the informant. The show cause as called for has already been submitted on behalf of the accused, Manik Chand @ Manik Chandra stating therein that the factum of identification in Test Identification Parade was not known to the learned counsel of the accused nor it was disclosed by the Pairvikar of the accused. So, the aforesaid fact could not be brought to the notice of the court and it is not a case of suppression of facts intentionally. Learned counsel appearing for the accused, Manik Chand @ Manik Chandra submits that no doubt, accused, Manik Chand @ Manik Chandra was identified by the two witnesses in Test Identification Parade but neither pairvikar of the aforesaid accused nor the impugned order disclosed the aforesaid fact and that was the reason the aforesaid fact could not be brought on Patna High Court Cr.Misc. No.15573 of 2011 (8) dt.07-03-2012 record. Learned counsel appearing for the informant pointed out that having similar allegation, prayer for bail of co-accused Barun Sah has already been rejected by this Court vide order dated 25.08.2011 and therefore, the bail granted by this Court to co- accused, Manik Chand @ Manik Chandra vide order dated 05.05.2011 should be cancelled. In view of the aforesaid submissions, I am also of the view that the privilege of bail granted to co-accused, Manik Chand @ Manik Chandra should be cancelled because one of the important facts of this case had not been brought to the notice of the court at the time of consideration of bail application of above stated co-accused, Manik Chand @ Manik Chandra. Accordingly, the bail granted to accused, Manik Chand @ Manik Chandra in connection with Sessions Trial No. 98 of 2011 arising out of Gopalpur (Rangra) P.S. Case No. 248 of 2010 vide order dated 05.05.2011 passed in Cr. Misc. No. 13201 of 2011 is, hereby, cancelled. Let this order be communicated to the court of Additional Sessions Judge-II, Naugachhia, Bhagalpur in connection with Sessions Trial No. 98 of 2011 arising out of Gopalpur (Rangra) P.S. Case No. 248 of 2010 through FAX at the Patna High Court Cr.Misc. No.15573 of 2011 (8) dt.07-03-2012 cost of the State for needful. Accordingly, this matter is dropped. SHAHZAD/- (Hemant Kumar Srivastava, J)