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Patna High CourtCR. MISC./6597/2021disposed

Saurav Kumar @ Monu v. The State Of Bihar

2021-11-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6597 of 2021 Arising Out of PS. Case No.-385 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Saurav Kumar @ Monu Son of Chandra Bhushan Kumar Resident of Village - Debriya Pani Tanki, Jehanabad, P.S. - Jehanabad. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Y.C. Verma, Sr. Adv Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-11-2021 At the outset, Mr. Y.C. Verma, learned senior counsel for the petitioner submitted that while rejecting the prayer for bail of the petitioner on 20.11.2019 an observation was made by this Court that in case the trial is not completed within nine months from the date of framing of charges, the petitioner would be at liberty to renew his prayer for bail before the court below itself. He fairly contended that due to Covid-19 Pandemic the application was not filed before the court below in compliance with the observation of this Court and the petitioner directly filed an application for bail before this Court. He contended that since normalcy has been restored and physical hearings have started in civil courts, it would be advisable for the petitioner to abide by the observations made by this Court

Patna High Court CR. MISC. No.6597 of 2021(3) dt.17-11-2021 2/2 vide order dated 20.11.2019 passed in Cr.Misc. No. 55388 of 2019. He submitted that the petitioner may be permitted to withdraw the case and file an application before the court below. In view of the submissions made above, the application is disposed of as withdrawn. It is made clear that while considering the application for bail, the court below shall not be prejudiced by the fact that the petitioner filed the application for bail directly before this Court. (Ashwani Kumar Singh, J) Pradeep/- U T