Patna High CourtCR. MISC./7939/2016rejected

Suresh Yadav @ Suresh Choudhary v. The State Of Bihar

2016-05-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7939 of 2016 Arising Out of PS.Case No. -99 Year- 1996 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Suresh Yadav @ Suresh Choudhary S/o Late Ramayan Chowdhary, Resident of village- Kukurmukka, P.S.- Gopalganj, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 364A/34 of the Indian Penal Code.

The trial court has reported that petitioner has been lodged in Gopalganj Jail in connection with Sessions Trial No. 320 of 2009 and due to non production of the petitioner before the trial court, his case could not be committed to the court of Sessions as yet. The trial court has also reported that production warrant has already been issued in respect of the petitioner but the jail authorities failed to produce him before the trial court.

Patna High Court Cr.Misc. No.7939 of 2016 (3) dt.18-05-2016 2/2 The trial court is directed to write a letter to I.G, Prison directing him to ensure the production of the petitioner in his court within two weeks from the date of receipt/production of copy of letter of the concerned court and after production of the petitioner, the trial court must commit the case of the petitioner to the court of Sessions within four weeks.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail, at least, at this stage and hence, his prayer for bail in connection with Paharpur P.S. Case No. 99 of 1996 pending in the court of Chief Judicial Magistrate, Motihari stands rejected.

However, the petitioner may renew his prayer for bail after framing of the charge.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T