Patna High CourtCR. MISC./48369/2015dismissed

Santosh Kumar v. The State Of Bihar

2015-10-14Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.48369 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48369 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -MAHENDIA District- JEHANABAD ======================================================

1. Santosh Kumar Son of Sri Baliram Sharma, Resident of Village - Bambhai, P.S. - Karpi, District - Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. M.K. Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-10-2015 Heard the learned senior counsel, Mr. Jitendra Singh for the petitioner, learned counsel, Mr. Nawal Kishore Singh for the informant and learned A.P.P. for the State.

The petitioner is in custody in Mahendia P.S. Case No.14 of 2014 under Section 302/34 I.P.C. and Section 27 of the Arms Act.

The prayer for bail of this petitioner has already been rejected by this Court on 10.04.2015, Annexure-1, passed in Cr. Misc. No.48335 of 2014.

The learned senior counsel submitted that the prayer for regular bail was rejected at that stage but after the rejection, still today the case has not been committed to the Court of Sessions. On the other hand, the learned counsel for the informant

Patna High Court Cr.Misc. No.48369 of 2015 (2) dt.14-10-2015 and learned A.P.P. objected the prayer for bail and submitted that on the merit again, the bail application cannot be heard and further that the trial court if necessary may be directed to commit the case expeditiously.

Perused the order rejecting the prayer for bail of the petitioner. It appears that a long reasoned order has been passed after perusing the different paragraphs of the case diary. Therefore, I do not find any new substance for consideration of the bail application of the petitioner. Accordingly, the prayer for bail is hereby rejected. However, the court below is directed to commit the Sessions Case to the Court of Sessions for trial expeditiously.

Accordingly, this bail application is rejected. (Mungeshwar Sahoo, J) Saurabh/- U T