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Patna High CourtCR. MISC./35131/2021disposed

Meghnath Kumar v. The State Of Bihar

2022-01-12Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 35131 of 2021 Arising Out of PS. Case No.-157 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== MEGHNATH KUMAR S/O NAGENDRA BAITHA RESIDENT OF VILLAGE CHANARI, P.S-JITNA, DISTRICT-EAST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Jitendra Kumar, Advocate For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar through Virtual Mode.

The petitioner seeks bail in Ghorasahan Police Station Case No 157 of 2019 instituted for the offence punishable under Section 302 of Indian Penal Code.

While the petitioner has been in custody, his prayer for bail was earlier rejected by this Court under order dated 02.06.2020 passed in Cr Misc No 12291 of 2020. Therefore, after some argument, learned counsel submits that the petitioner will be approaching the learned Court below renewing his prayer for bail.

This Court would only observe that if the petitioner

Patna High Court CR. MISC. No.35131 of 2021(3) dt.12-01-2022 2/2 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 the earlier rejection of the prayer for bail of the petitioner by this Court under order dated 02.06.2020 passed in Cr Misc No 12291 of 2020.

With the aforesaid observation, this application stands disposed of.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T