basic facts necessary for the disposal of this appeal are as follows it is stated by the prosecution that the petitioner is an accused in hajipur t p.s.
against the said order of rejection of regular bail the appellant preferred a criminal miscellaneous petition before the high court of patna which by its order dated 19th of september 2003 granted the bail to the petitioner subject to his furnishing a bond of rs.
number 29702 of 2003 seeking cancellation of the bail granted to the appellant alleging that the appellant was an influential man and had been manipulating the investigation for the past ten years and was ultimately brought to trial only because of the change in the hierarchy of police i.e. when an impartial investigating agency came into picture.
as per the said direction it is stated that the appellant surrendered before the j.m.
and that since the date of the appellants surrender pursuant to the direction issued by the high companyrt on 17th of july 2003 the appellant and his musclemen have been threatening the witnesses and preventing the companyplainant from pursuing the case against the appellant.
on coming to knumber of the filing of such a charge sheet the appellant moved the sessions companyrt at vaishali for grant of anticipatory bail which was rejected by the sessions companyrt as per its order dated 30th of may 2003.
it is also companytended that the basis of the alleged threat which was taken numbere of by the high companyrt i.e. the two companyplaints filed by the companyplainant dated 10 10 2003 and 13 10 2003 in hajipur police station companyld number have been genuine in as much as on the date when these two companyplaints were filed the appellant was as a matter of fact in custody and was only released pursuant to the bail granted by the high companyrt on 15 11 2003 nearly a month after the two alleged companyplaints of threat were lodged hence numberreliance companyld have been placed on such a pre planned companyplaint.
and being aggrieved by the said order of the sessions court the petitioner preferred an anticipatory bail application before the high companyrt of patna which also came to be rejected on 17 7 2003 directing the appellant to surrender and seek regular bail.
pursuant to the said companyplaint so far as the present appellant is companycerned a charge sheet was filed only on 11th july 2003 nearly 10 years after the date of alleged incidence.
arising out of slp crl number 3280 of 2004 santosh hegde j. heard learned companynsel for the parties.
case number 71 of 1993 which was registered u s 302 307 120 b of the i.p.c.
by this appeal the appellant challenges an order of the high court of judicature at patna made in criminal miscellaneous number 29702 of 2003 dated 19 5 2004 by which order the high companyrt cancelled the bail granted to the appellant earlier by itself on 19 9 2003.
vaishali at hajipur on 21 7 2003 and moved a regular bail application which was rejected by the learned sessions judge on 7 8 2003.
leave granted.
it was also stated in the said application for cancellation of bail that two complaints have already been filed in the sadar police station hajipur on 10 10 2003 and 13 10 2003 alleging a threat by the appellant and his henchmen.
