Buttu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38998 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ====================================================== Buttu Manjhi, son of Late Ram Briksh Manzhi, R/o Village- Yogabigha, P.S.- Parasbigha, District- Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 Earlier prayer for bail of the petitioner has been rejected by this Court vide order dated 16.5.2017 passed in Cr.Misc.No. 23063 of 2017 with an observation that petitioner may renew his prayer for bail after framing of charge before the court below. The present application has been filed stating that the court is vacant and, as such, charge could not be framed till date. This Court fails to understand why charge has not been framed because of the fact that in terms of the Circular issued by this Court no court will be vacant in absence of the Presiding Officer and the In-charge of the court will perform all the duties of the court to which he is being made In-charge. In such view of the matter, A.D.J.-cum-Sub-Judge, Jehanabad is directed that in view of the Circular he has to

Patna High Court Cr.Misc. No.38998 of 2017 (2) dt.23-08-2017 2/2 consider the framing of charge against the petitioner and once charge has been framed against the petitioner, on the prayer of the petitioner, he will release the petitioner on bail to his own satisfaction.

This application is disposed of with the above observation.

(Vinod Kumar Sinha, J) spal/- U