IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29049 of 1999 1. HEERA RAM S/O LATE ROHA RAM. 2. AMIRA RAM S/O LATE ROHA RAM BOTH RESIDENTS OF VILLAGE- SAIN P.S. KANTI, DISTT-MUZAFFARPUR. 3. SURYADEEP DAS S/O BRAHMDEO DAS. 4. MEENA DEVI W/O SURYADEEP RAM. BOTH RESIDENTS OF VILLAGE-GOBARSAHI, P.S.(SADAR) BHAGWANPUR, DISTT- MUZAFFARPUR………………………………..PETITIONERS Versus 1. STATE OF BIHAR 2. RAJENDRA RAM, S/O LATE KUKESHWAR RAM RESIDENT OF VILLAGE MANIYARI, P.S.KANTI, P.O. KANTI, DISTT- MUZAFFARPUR……………..OPPOSITE PARTIES. ----------- For the petitioners:- Mr. Dhirendra Kumar, adv. For the State:- Mr. Lala Kailash Bihari, Adv. -------------- 6. 27-04-2010 Heard learned counsel for the petitioners and learned counsel for the State. 2. In spite of notice nobody has appeared on behalf of the complainant, Rajendra Ram, O.P. No.2. 3. All the four petitioners are aggrieved by order of the learned Sessions Judge, Muzaffarpur dated 20th of August, 1999 passed in Cr. Misc. No. 7/99 whereby he has cancelled the bail granted to the petitioners by the learned Magistrate in a case under Section 498A of the IPC. 4. A perusal of the impugned order shows that learned Sessions Court has gone on the merits of the case for coming to a conclusion that on merits the learned Magistrate should not have granted bail to the petitioners. 5. Learned counsel for the petitioners has submitted that in a case of present nature the Magistrate was well within his jurisdiction - 2 - in granting bail to the petitioners and such bail should not have been cancelled by the Sessions Judge on considering the merits of the case because bail being an interlocutory matter could not have been subjected to revisional power of the Sessions Court and inherent power under Section 482 of the Code of Criminal Procedure is available only to High Court under which correctness or propriety of order granting bail may be seen by the High Court in appropriate cases. Learned counsel for the petitioners has further submitted that cancellation of bail is a serious matter and it can be resorted to only for very good and compelling reasons such as misuse of the privilege of bail by resorting to jumping bail or by tampering with material, evidence etc. 6. Learned counsel for the State did not dispute the principles of law which were advanced by learned counsel for the petitioners and on appreciation of facts as well as legal submissions, this Court has no difficulty in coming to the conclusion that the impugned order passed by the learned Sessions Judge is illegal and against the interest of justice. Hence, this application is allowed and the impugned order is quashed. perwez (Shiva Kirti Singh,J.)