Patna High CourtCR. MISC./4118/2016rejected

Ranjeet Sao v. The State Of Bihar

2016-01-27Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4118 of 2016 Arising Out of PS.Case No. -376 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Ranjeet Sao Son of late Ramchandra Sao Resident of MohallaNeemganj, Police Station- Bihar Sharif, District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Mithilesh Kumar Khare (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner had earlier come before this Court in Cr. Misc. No. 16029 of 2015 and the privilege of bail was rejected on 26.08.2015 with an observation that the petitioner may renew his prayer at the stage of trial as it is hoped that the trial will commence and conclude within a year.

It has been brought to my notice (Annexure-3), which is a revision application bearing Cr. Misc. No. 368 of 2015, filed by the petitioner. The Court of learned Sessions Judge, Nalanda at Biharsharif vide order dated 27.11.2015 noticed at para-8 of the said Revision Application that prima-facie no case for offence as

Patna High Court Cr.Misc. No.4118 of 2016 (2) dt.27-01-2016 2/2 alleged under Section 304 (B) of the I.P.C. is made out against the petitioner. However, a prima-facie case is made out against the petitioner Under Sections 302, 498A of the I.P.C. read with Section 34 of the I.P.C. and two others and directed that the learned Court below should proceed and make further enquiry as per law.

Hence, at this stage, I am not inclined to grant the privilege of bail to the petitioner, who is in custody since 11.02.2015 in connection with Bihar P. S. Case No. 376 of 2014, as the matter has to be further enquired under Section 302 and other allied Sections.

This application is accordingly, rejected.

(Nilu Agrawal, J) Sudha/- U T