Vijay Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3243 of 2017 Arising Out of PS.Case No. -57 Year- 2015 Thana -KASHICHAK District- NAWADA ====================================================== Vijay Rajak S/o Awadhesh Rajak Resident of village- Mahrath, Police Station- Kashihak, District- Nawada .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Premchandra Yadav For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2018 This appeal has been filed for setting aside the order dated 10.8.2016 passed by Additional Sessions Judge-I, Nawada and for grant of bail.
Appellant is that appellant is named in the FIR and there is allegation against him. Further, cognizance has been taken in this case.
Submission of learned counsel for the appellant is that earlier appeal filed by the appellant was dismissed for default and another co-accused having similar allegation has been granted bail by this Court vide order dated 1.9.2017 passed in Cr.Appeal (SJ) No. 2045 of 2017. Further submission is that in this case final form has been submitted but learned Magistrate has taken cognizance differing with the finding of I.O.
Patna High Court CR. APP (SJ) No.3243 of 2017 (3) dt.17-01-2018 2/2 Heard learned Special P.P. also.
Having heard both sides and in the facts and circumstances, this appeal is dismissed. Appellant is directed to surrender in the court below within a period of six weeks and pray for regular bail, which shall be considered by learned Special Judge on the ground that co-accused has been granted bail by this Court and further in this case final form has been submitted and thereafter cognizance has been taken and disposed it of on the same day, if possible.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U