Binod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57387 of 2015 Arising Out of PS.Case No. -230 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Binod Sah S/o Late Mahendra Sah resident of vill. - Balapur, P.S. Ghorasahan, Distt. - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 304(B), 201/34 of the Indian Penal Code. The petitioner happens to be the father-in-law of the deceased and the impugned order of learned 8th Additional Sessions Judge, East Champaran, Motihari shows that the bail petition of the petitioner was only rejected by the Court as the investigating officer had submitted charge-sheet against him. The learned Additional Sessions Judge has not given any material, which has come against the petitioner in course of investigation nor any specific reason for rejection of bail of the petitioner. It is

Patna High Court Cr.Misc. No.57387 of 2015 (2) dt.21-12-2015 2/2 pertinent to mention here that in course of hearing of bail petition, I have come to across of several orders of 8th Additional Sessions Judge, East Champaran, Motihari and found that the learned Additional Sessions Judge is in habit of rejecting the bail petition without applying his judicial mind to the facts and circumstances of the case. Moreover, the aforesaid Court is strictly warned to be more cautious while passing the order on bail petition. Accordingly, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.,Motihari in Ghorasahan P.S.Case No. 230 of 2015/G.R.No. 1053 of 2015.

Let a copy of this order be communicated to the concerned court without any delay.

(Hemant Kumar Srivastava, J) singh/- U T