Binod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39542 of 2021 Arising Out of PS. Case No.-118 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== BINOD RAM S/o Late Bhola Ram Resident of Village- Maniyari, P.S.- Punaura, Dist- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-02-2022 The matter has been taken up today for consideration through video conferencing.

The learned counsel for the petitioner submits that on account of lapse of time in between rejection of his prayer on 21.12.2020 in Cr. Misc. No. 27432 of 2020 and today, there may have been certain developments at the trial.

The submission is made without availing of the remedy to move before the court below after rejection of his prayer on the last occasion.

The learned APP submits that after rejection of the petitioner's prayer for bail on 21.12.2020, he has not moved the court below.

This Court is of the opinion that the petitioner should renew his prayer first before the court below, which would be

Patna High Court CR. MISC. No.39542 of 2021(4) dt.09-02-2022 2/2 required to consider the application on merits, having regard to lapse of the period in between and other developments, in the meanwhile if any, without in any way being affected by this order.

This application stands disposed of.

(Madhuresh Prasad, J) SUMIT/- U