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Patna High CourtCR. MISC./80592/2018allowed

Subodh Singh v. The State Of Bihar

2019-01-16Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80592 of 2018 Arising Out of PS. Case No.-298 Year-2018 Thana- GAURICHAK District- Patna ====================================================== Subodh Singh Son of Late Ajit Singh, resident of Village Alwalpur, PS Gaurichak, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-01-2019 Perused the report.

The Court does not appreciate the way the Addl. Chief Judicial Magistrate, Patna City conducted this case. Earlier, when the case was registered under bailable Section, petitioner was refused bail. Charge sheet was submitted under Section 25(1-b)a/26/35 of the Arms Act and cognizance was taken on 29.11.2018 and his prayer for bail was rejected on 04.12.2018.

Petitioner has approached this Court after refusal of bail on 15.12.2018. In the order of the 1st Additional Sessions

Patna High Court Cr.Misc. No.80592 of 2018(3) dt.30-01-2019 2/2 Judge, there is no reference of order taking cognizance for the aforesaid offence.

Considering the totality of the fact situation, the court below is directed to release the petitioner forthwith. (Anil Kumar Upadhyay, J) mrl./- U T