Sheela Singh @ Bedanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50199 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -SANGRAMPUR District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Sheela Singh @ Bedanand Singh S/o Late Laxman Singh Resident of village - Chaubey Tola, P.S. Chanpatiya, District West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sangrampur P.S.Case No. 52 of 2016 registered under Sections 413, 414, 467, 468, 471 and 120-B of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 20.08.2016 with liberty that in case the trial is not concluded within nine months from the date of framing of charge, he may renew his prayer for bail. However, within three months of the rejection order the petitioner filed the present application on 19th November, 2016 seeking bail on the ground that the alleged Pick-up Van was registered in the name of one Bharat Sah Turaha and it was sold

Patna High Court Cr.Misc. No.50199 of 2016 (4) dt.08-02-2017 2/2 by him to the son of the petitioner, namely, Golu Kumar but due to ongoing Panchayat election it was not transferred in his name. It is submitted by the learned counsel for the petitioner that the alleged Bolero Pick-up Van has already been released in favour of the son of the petitioner, namely, Golu Kumar on 4th October, 2016 in the light of the order dated 1st October, 2016 passed by the learned A.C.J.M.-14, Motihari, East Champaran. It is also submitted that the entire prosecution case is based on erroneous ground.

In view of the submissions made above, I dispose of the present application with liberty to the petitioner to file his application for bail afresh before the court of Magistrate. If such an application is filed, the learned Magistrate shall consider the application for bail on merits without being prejudiced by any order passed by this Court or by the Sessions Court and dispose of the same in accordance with law.

(Ashwani Kumar Singh, J) Pradeep/- U T