Atul Kumar Nirala @ Atul Kumar v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1147 of 2018 (02) dt.09-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1147 of 2018 Arising Out of PS.Case No. -315 Year- 2012 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Atul Kumar Nirala @ Atul Kumar, Son of Late Arun Kumar, resident of Village- Mirachak, Police Station- Bind, in the district of Nalanda, presently Residing at Flate No. 305, Kashyap Suman Apartment, R.M.S. Colony, 305 A, Kankarbagh, Police Station- Kankarbagh in the district of Patna. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bimal Kumar-Advocate For the Respondent/s : Mr. Abhay Kumar-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 09-05-2018 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor along with learned counsel for the informant.

It has been submitted on behalf of learned counsel for the informant that in spite of the fact that order dated 23.03.2018 passed by the 3rd Additional Sessions Judge, Nalanda at Biharsharif relating to Cr. Appeal (S.J.) No.56 of 2017, divulges the fact regarding cancellation of bail by the Hon'ble Apex Court, the appellant had not mentioned the same in the memo of appeal. Be that as it may, judicial proprietary restrains to pass any order over the same subject when the matter has been adjudicated upon by the Superior Court.

Patna High Court CR. APP (SJ) No.1147 of 2018 (02) dt.09-05-2018 That being so, instead of delving upon the merit of the case, prayer for bail is hereby rejected.

(Aditya Kumar Trivedi, J) Vikash/- U T