Kumar Shushant v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 18513 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -RAMPUR District- GAYA ====================================================== Kumar Shushant, son of Arun Kumar Singh, Resident of Mohalla- House No. 171, A.P. Colony, P.S.- Rampur, District- Gaya. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Aditya Raj For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.
03-05-2017 Heard Sri Aditya Raj, learned counsel for the petitioner and learned Addl. Public Prosecutor. This is the 2nd attempt for grant of bail on behalf of the petitioner in Sessions Trial No. 50 of 2017, arising out of Rampur P.S. Case No. 109 of 2016, registered for offence under Sections 304(B), 201/34 of the Indian Penal Code. The prayer for bail was rejected on merit.
Learned counsel for the petitioner submits that petitioner is in custody since more than one year and as such, this Court may extend the privilege of bail to the petitioner. In this case, by order dated 19-04-2017, a report was called for from the court below, which has been received and kept at flag 'X'. The report dated 27th April, 2017 suggests that after
Patna High Court Cr.Misc. No.18513 of 2017 (3) dt.03-05-2017 2/2 the commitment, the record of the case was received in the court of 7th Additional Sessions Judge and thereafter, the case was fixed for charge, however; subsequently, one of the co-accused namely Sharda Devi filed a petition for discharge under Section 227 of the Cr.P.C. and case is fixed for hearing on discharge petition. Considering the fact that due to the reason of filing of discharge petition, charges could not be framed, the Court is of the opinion that there is no reason to entertain the present bail petition. The present bail petition again stands dismissed. (Rakesh Kumar, J.) Anay U T