Sujeet Kumar @Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48040 of 2019 Arising Out of PS. Case No.-298 Year-2018 Thana- AMAS District- Gaya ====================================================== SUJEET KUMAR @GOLU Son of Vinod Thakur Resident of Village - Chandpur (Kajratar), P.S.- Roshanganj, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-09-2019 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in connection with Amas P.S. Case No. 298 of 2018 dated 22.12.2018 instituted for the offence under Sections 302, 201, 120B/34 of the Indian Penal Code.
The petitioner is said to be in custody since 23.04.2019.
The impugned order dated 22.06.2019 does not state any factual detail about the facts of the case. The court below has only written general sentences without adverting to the merits or the facts of the case. This is no way of passing an order in a bail petition. The court below ought to understand that an order could only be of some value, if it exposits facts necessary for
Patna High Court CR. MISC. No.48040 of 2019(3) dt.25-09-2019 2/2 decision in the case. This Court gets no idea about the facts of the case from reading the impugned order. The case is remitted to the learned Additional District and Sessions Judge IIIrd, Gaya for writing out a fresh order in accordance with law within a period of two weeks from the date of receipt of a copy of this order. With the aforesaid observations, the petition is disposed of.
The copy of the case diary which has been sent in this case be returned forthwith.
If the prayer for bail is rejected, it would be open for the petitioner to approach this Court again. (Ashutosh Kumar, J) krishna/- U T