Suggriv Yadav And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.679 of 2016 Arising Out of PS.Case No. -302 Year- 2015 Thana -GHOSI District- JEHANABAD ======================================================
1. Suggriv Yadav S/o Sri Yadunandan Prasad,
2. Santosh Kumar @ Santosh yadav, S/o Suggriv Yadav, Both r/o Village - Nimia Bigha, P.S. - ghosi, District - Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv. For the Opposite Party/s : Mr. Jharkhandi Upadhyay (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-01-2016 By way of filing the present application under Section 438 of the Code of Criminal Procedure, the petitioners seek pre-arrest bail in connection with Ghosi P.S.Case No. 302 of 2015 registered under Section 304/34 of the Indian Penal Code. It would be evident from the impugned order that though the learned Additional Sessions Judge 1st, Jehanabad had called for the case diary, the anticipatory bail application was disposed of vide order dated 03.12.2015 in absence of the case diary as the same was not sent to the court.
In my view, once the learned Additional Sessions Judge 1st, Jehanabad had considered necessity of examining the case diary for disposal of the anticipatory bail application of the petitioners, he ought not to have disposed of the application in
Patna High Court Cr.Misc. No.679 of 2016 (2) dt.12-01-2016 2/2 absence of the case diary.
In that view of the matter, the order dated 03.12.2015 passed in A.B.P. No. 1229 of 2015/ 49 of 2015 is hereby set aside. The matter is remitted back to the learned Additional Sessions Judge 1st, Jehanabad to hear the anticipatory bail application afresh after calling for the case diary from the concerned Police Station.
Let it be recorded that I have expressed no opinion on the merits of the case.
The application stands disposed of.
(Ashwani Kumar Singh, J) Pradeep/- U T