IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37586 of 2008 SAHENDRA SINGH Versus THE STATE OF BIHAR & ANR ----------- 8 7.10.2009 Heard Counsel for the petitioner and the Counsel appearing for Opposite party no.2. Application has been filed for cancellation of anticipatory bail granted to Opposite party no.2 in Cr. Misc. No. 28950 of 2008 by order dated 18.8.2008 on the ground that false affidavit was filed by the father of Opposite party no.2 regarding his criminal antecedent. Though Belgaganj P.s. case No. 42 of 2005 was pending against him statement was made that he has no criminal antecedent. Counter affidavit has been filed on behalf of Opposite party no.2 stating that under the bonafide impression the affidavit was sworn by the father of Opposite party no.2 as there was no progress in the trial of Belaganj P.S. case No. 42 of 2005 for a long time. No witness was appearing to support the prosecution case and one witness has been examined who is declared to be hostile. Alongwith the counter affidavit the judgment of Belaganj P.S. case no. 42 of 2005 has been brought on record in which the accused persons including Opposite party no.2 has been acquitted. Considering the statement made in the counter affidavit regarding bonafide mistake, I do not think that there is any reason for cancellation of anticipatory bail granted to Opposite party no.2. This application for cancellation of bail is dismissed. However, Opposite party no.2 will participate in the trial - 2 - regularly, which is being conducted in the Court below. (Mridula Mishra,J.) A.Kumar