Patna High CourtCR. MISC./54304/2021dismissed

Pintu @ Purushottam @ Pahalwan v. The State Of Bihar

2021-10-27Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54304 of 2021 In CRIMINAL MISCELLANEOUS No.6664 of 2021 Arising Out of PS. Case No.-271 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== PINTU @ PURUSHOTTAM @ PAHALWAN Son of Rabindra Singh Resident of Village - Sona Gopalpur, P.S.- Gopalpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-10-2021 Heard Mr. Rudra Deo, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor appearing for the State.

The present modification application has been filed for modification of the order dated 17.3.2021 passed in Cr. Misc. 6664 of 2021 to the extent that the direction of this Court to release the petitioner on bail after framing of charge be modified on the ground that the case has not been committed to the Court of Session as yet.

This Court by an order dated 3.2.2021 passed in Cr. Misc. 6664 of 2021 had called for a report from the trial court regarding stage of trial and in pursuance thereof, the report of

Patna High Court CR. MISC. No.54304 of 2021(3) dt.27-10-2021 2/2 learned Judicial Magistrate, 1st Class, Gopalganj, dated 22.2.2021 is on record of Cr. Misc. 6664 of 2021 and from perusal of the same, it appears that after cognizance the case was fixed for appearance but out of the five accused persons, nobody had turned up before the learned court below and for securing the appearance of the accused persons, the learned Judicial Magistrate has issued summons to them. In view of the fact that the court below is taking steps for framing of charge against the accused persons and this Court has already granted bail to the petitioner after framing of charge, I am not inclined to modify the order dated 17.3.2021 passed by this Court in Cr. Misc. 6664 of 2021.

Accordingly, the Modification Application of the petitioner stands dismissed.

(Anil Kumar Sinha, J) S.Ali/- U T