IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41522 of 2010 RAJ KUMAR SINGH Versus STATE OF BIHAR & ANR ----------- 02. 15.03.2011. Heard. The petitioner was admitted to anticipatory bail as may appear from the very rejection order itself. A petition for cancelling the bail order in favour of the petitioner passed in A.B.P.No.1892 and 2288 both of 2003 was filed not by the wife who had entered into compromise at particular stage of the proceeding but by her mother. On that petition for cancelling bail, a notice was issued to the present petitioner, but he did not appear and as such an ex-parte order of cancelling the order of anticipatory bail which was in favour of this petitioner was passed on 15.5.2004. The petitioner appears preferring a revision against that particular order passed by learned S.D.J.M. and that revision petition was heard and dismissed by IVth Additional Sessions Judge, Patna as also by this Court. This court believes that once the 2 anticipatory bail petition had been allowed by the court superior to the S.D.J.M. he did not have any jurisdiction to cancel that particular order of bail unless a case had been made out under Section 437(5)of the Cr.P.C. The law is very clear on this point that once an order of bail had been passed by the superior court, no inferior court could cancel that particular order except under special circumstances which could be brought under Section 437(5)of the Cr.P.C. This is the error which was being committed by the learned S.D.J.M. and unfortunately that part of the order went un-noticed even by this court, may be on account of not being properly assisted. It has to be presumed under the above circumstances that the petitioner continued to be on anticipatory bail and the illegal order of cancelling the order passed by inferior court in spite of order being passed by the superior court could never have any effect. In that view of the matter, let the above named petitioner furnish his fresh bond of the value which was indicated by the learned Sessions Judge while admitting the petitioner to anticipatory bail. 3 This petition is accordingly allowed in the above terms. B.Kr. ( Dharnidhar Jha,J.)