Patna High CourtCR. MISC./28848/2021disposed

Khilkur Rahman v. The State Of Bihar

2022-01-12Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28848 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Khilkur Rahman, aged about 31 years, male, Son of Md. Jiyaur Rahman Resident of Village- Jalkaura, P.S.- Khagaria, District- Khagaria. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. Nand Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2022 The matter has been listed today for consideration through Video Conference.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Khagaria (Gangour) P. S. Case No. 265 of 2020, instituted for the offence under Sections 147,148,149,323, 506,504, 379 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

While the petitioner has been in custody, his prayer for bail was earlier rejected under order dated 25.11.2020 passed

Patna High Court CR. MISC. No.28848 of 2021(4) dt.12-01-2022 2/2 in Cr. Misc. No. 27412 of 2020. Therefore, after some argument, he submits that he will be approaching the learned Court below renewing his prayer for bail.

This Court would only observe that if the petitioner applies for bail, the period of custody and other aspect of the matter be considered by the learned trial Court, without in any manner being effected by earlier rejection of prayer for bail under order dated 25.11.2020 passed in Cr. Misc. No. 27412 of 2020.

With the aforesaid observations, the application stands disposed of.

(Madhuresh Prasad, J) shyambihari/- U