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Patna High CourtCR. MISC./34242/2020disposed

Jai Kishun Rai @ Jai Kishan Yadav v. The State Of Bihar

2021-01-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34242 of 2020 Arising Out of PS. Case No.-113 Year-2013 Thana- LALGANJ District- Vaishali ====================================================== Jai Kishun Rai @ Jai Kishan Yadav S/o Late Rijhan Rai R/o village- Sarariya, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2021 Let the defects be removed within four weeks. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 307/506/34 of the Indian Penal Code, Sections 3/4/5 of the Explosive Substances Act and Section 27 of the Arms Act in connection with Lalganj P.S. Case No. 113 of 2013.

The impugned order dated 09.09.2020 reveals that the learned Sessions Judge has allowed liberty to the petitioner to renew the prayer after submission of the charge sheet. The impugned order was passed on 09.09.2020.

Charge sheet must have been submitted in the case within the statutory period. Hence, the petitioner may renew the

Patna High Court CR. MISC. No.34242 of 2020(2) dt.05-01-2021 2/2 prayer before the Court-below itself.

With the aforesaid observation, this application stands disposed of.

(Birendra Kumar, J) Mkr./- U T