IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13626 of 2011 Nageshwar Tiwari Versus The State Of Bihar & Ors ---------------------------------- 2. 14.12.2011 The informant-petitioner has preferred this application under Section 439(2) of the Code of Criminal Procedure for the cancellation of bail granted to the opposite parties No. 2 to 7 vide order dated 19.01.2011 passed by the Chief Judicial Magistrate, East Champaran, Motihari, in Gobindganj (Areraj O.P.) P.S. Case No. 131/2009 under Sections 147, 148, 323, 307 and 379 of the Indian Penal Code and 27 of the Arms Act. It appears that under Section 439(2) a High Court or a Court of Sessions is equally empowered to pass order for the cancellation of bail granted under Chapter XXXIII of the Code of Criminal Procedure. It is admitted position that the petitioner has not moved before the learned Sessions Judge for the relief sought for under Section 439(2) Cr. P.C. in this case. The case diary is one of the materials to be considered which is readily/easily available before the Court of Chief Judicial Magistrate and the learned Sessions Judge. The petitioner is directed to file a petition before 2 the learned Sessions Judge, East Champaran, Motihari, for the relief sought for in this petition as stated above. If such petition is filed before the learned Sessions Judge, East Champaran, Motihari, he will pass the order on merit in accordance with law expeditiously. This petitions stands disposed of. Saif/- (Amaresh Kumar Lal, J.)