Bhupendra Singh @ Bhupendra Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46354 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -KORANSARAI District- BUXAR ====================================================== Bhupendra Singh @ Bhupendra Rai, Son of Mahendra Singh @ Mahendra Rai, Resident of village- Mathila P.S.- Koransarai, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dhanush Shari Singh @ Mittu Singh S/o Onkar Nath Singh, Resident of Village- Mathila, P.S.- Koransarai, District- Buxar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avinash, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-09-2018 Counsel for the petitioner submits that the petitioner of Cr. Misc. No. 13148 of 2018 had obtained the bail order resorting to misrepresentation. He submits that though charge sheet has been submitted under Sections 363, 366 (A), 364, 302, 201/34 of the Indian Penal Code the order dated 06.04.2018 whereby the accused was allowed bail by this Court records that the case was registered under Sections 363, 366(A) of the Indian Penal Code. It is submitted that though the charge sheet has been submitted in the other sections the fact had not been brought to notice of this Court.

Counsel for the opposite parties submits that the bail application was filed on 19.02.2018 and till date the charge sheet

Patna High Court Cr.Misc. No.46354 of 2018 (3) dt.26-09-2018 2/2 had not been submitted. Thus, only the section under which the F.I.R. had been lodged has been mentioned in the application. This Court finds favour with the submissions advanced on behalf of the accused. No case is made out for cancellation of bail. The application is rejected.

(Madhuresh Prasad, J) Prakash/- U