Patna High CourtCR. MISC./77505/2018disposed

Rajiv Kumar v. The State Of Bihar

2019-01-23Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77505 of 2018 Arising Out of PS. Case No.-330 Year-2016 Thana- GRIYAK District- Nalanda ====================================================== Rajiv Kumar S/o Moti Mahto, R/o Vill.- Devisarai, P.S.- Deepnagar, DistrictNalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rudal Singh, Advocate For the Opposite Party/s :

Mr. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Giriyak P. S. Case No.330 of 2016 registered under Sections 414 of the Indian Penal Code.

From a perusal of the order dated 31.10.2018 passed by the learned Additional Session Judge-III, it would appear that considering the allegation made in the FIR, which was registered against unknown, the case-diary and the records of the court below was summoned, but even before the diary could have been received, he rejected the application filed by the petitioner under Section 438 of the Code of Criminal Procedure merely on asking of the counsel for the petitioner that his application be disposed of even without waiting for the receipt

Patna High Court Cr.Misc. No.77505 of 2018(2) dt.23-01-2019 2/2 of the case-diary. Since the order dated 31.10.2018 passed in ABP No. 3560 of 2018 reflects that due to insistence of the counsel to dispose of his application, the court below has rejected the same even without considering the materials collected in course of investigation, I am not inclined to hear the application of the petitioner on merit.

The application is disposed of with liberty to the petitioner to approach the court below by way of filing another application for grant of pre-arrest bail. In case such an application is filed, the court below shall summon the case-diary first and after looking into the materials available on record pass the order in accordance with law.

(Ashwani Kumar Singh, J) kanchan/- U T