IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1449 of 2010 Narendra Nath Mishra son of Late Nilambar Mishra village & P.O. Gandhwar P.S. Sakari Dist. Madhubani at present Advocate Patna High Court & residing Bimla Tower flat No. A14 Hanumannagar, New Punaichak Patna-23 Versus 1.The State Of Bihar Bihar 2.Usha Sharma W/o late Anil Sharma @ Anil Kumar resident of village & P.O. BakhtiyarpurP.S. Bakhtiyarpur Dist. Patna …opposite party. ----------- 2 23.12.2011 The informant petitioner has preferred this application under section 439 (2) Cr.P.C. for the cancellation of bail order dated 12.2.2008 passed by the Chief Judicial Magistrate, Patna in Shastrinagar P.S. Case no. 30 of 2007 by which bail was granted to the accused O.P. no.2. Heard learned counsel for the petitioner and Smt. Indubala Pandey, A.P.P. for the State. It appears that under the provision of sections 439(2) the High Court or Court of Session has been given concurrent power for the cancellation of bail. The petitioner has not moved the learned Sessions Judge for the relief prayed for in this petition. It is remarkable that the case diary is one of the material for the consideration of bail which is easily available in the civil court. The other materials are also readily available there. Considering the facts and circumstances the petitioner is directed to move the court of sessions for the relief prayed for in this petition. It is made clear that this court has not gone into the merit of the case. 2 This petition stands disposed of. M.Rahman (Amaresh Kumar Lal, J)