Judgment D. P. Sinha, J. 1. This is an application directed against an order dated the 28th june, 1977, passed by the Sessions Judge, Bhojpur and Rohtas, at Arrah cancelling the bail granted to the petitioner, who is being proceeded against for offences under sections 379 and 411 of the Indian Penal Code. He had been granted bail by the chief Judicial Magistrate of Sasaram. It appears that the petitioners bail was ordered to be cancelled at the verbal prayer, of the public prosecuter on the ground that the stolen wrist watch had been recovered from the possession of the petitioner, without affording an opportunity to the petitioner to show cause against the proposal to cancel the same. Learned Counsel appearing on behalf of the state frankly concedes that while the learned Sessions Judge did have the power to cancel the bail of the petitioner granted by the Chief Judicial Magistrate, in exercise of his powers under sub-section (2) of Sec.439 of the Code of Criminal Procedure, this could be done after calling upon the petitioner to show cause against the proposal to cancel the bail and that since this has not been done in this case the order is fit to be set aside. Learned Counsel has correctly stated the legal position. In the circumstance, the application is allowed and the impugned order dated the 28th June, 1977, is hereby set aside. The learned Sessions Judge will now give an opportunity to the petitioner to show cause and then decide the question as to whether his bail should or should not be cancelled. Application allowed.