IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39709 of 2010 Sunil Kumar Choudhary Versus State Of Bihar & Anr ----------- 4. 13.7.2011 Heard learned counsel for the petitioner and the State. The Opposite Party No. 2 was granted bail by an order dated 30.9.2010 passed in Cr. Misc. 32691 of 2010. Since it was noted in the order that the Opposite Party No. 2 had no criminal antecedents, such an affidavit be filed in the court below for grant of bail. It could not be filed and the Opposite Party No. 2 once again moved this Court for bail. This Court then granted him bail on 30.9.2010 noting that he was an accused in only one other case of minor nature. The Opposite Party No. 2 was then released on bail by the court below. The present application has been filed for cancellation of bail granted to the Opposite Party No. 2 who was granted bail on erroneous ground that he was an accused in only one other case whereas he is an accused in three more cases. Evidently, bail has been granted to the Opposite Party No. 2 on erroneous grounds and the Counsel for the Opposity Party has failed to explain the same. In view of such, the bail granted to the Opposite Party No. 2 by order dated 30.9.2010 passed in Cr. Misc. 2 32691 of 2010, is hereby cancelled. The Additional Sessions Judge-III, Darbhanga, is directed to take steps to take the Opposite Party No. 2 into custody immediately in connection with Sessions Trial No. 33 of 2010 arising out of Singhwara P.S. Case No. 113 of 2008. S.Ali ( Anjana Prakash, J.)