Biltu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68668 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== BILTU SAH Son of Late Krit Sah Resident of Village- Saguniya, P.S.- Chiraiya, District- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Pankaj, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

This is the second attempt of the petitioner to seek bail, as earlier the bail application was rejected by order dated 21.03.2022 in Cr. Misc. No. 60529 of 2021, on the ground that allegation was of recovery of 1.200 kg of charas and a mobile phone from the petitioner and since the alleged recovery was of commercial quantity as such the regular bail application was rejected.

Learned counsel for the petitioner submits that till date charges have not been framed despite petitioner being in custody since10.02.2021, in the event, if charges are not framed within three months from today, the petitioner will be at liberty to file his bail application before the learned trial court itself and

Patna High Court CR. MISC. No.68668 of 2022(2) dt.07-12-2022 2/2 if the learned trial court comes to a conclusion that for no fault of the petitioner the charges could not be framed. The learned trial court shall pass orders in accordance with law clearly recording the reason if bail is not granted.

Let this order be communicated to the learned trial court forthwith.

(Satyavrat Verma, J) Shivam/- U T