H.C. observes petitioner should have approached the Magistrate for bail per Additional Sessions Judge's directions; disposes of petition and directs courts not to prejudice petitioner. A thin order with no ratio decidendi.
Petition disposed; petitioner to comply with jail surrender and prayer for regular bail at court below.
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Patna High Court Cr.Misc. No.36139 of 2014 (2) dt.20-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36139 of 2014
Arising Out of PS.Case No. -58 Year- 2013 Thana -RAIL District- LAKHISARAI ====================================================== Upendra Patel @ Upendra Kumar Patel .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gopal Sharan Singh For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DHARNIDHAR JHA ORAL ORDER 2 20-02-2015 Heard. Let the petitioner comply with the directions of the learned Additional Sessions Judge, Lakhisarai and surrender in the court below and pray for regular bail. In fact, the Court is of the view that the petitioner ought not have approached to this Court in view of the observations and directions of the learned Additional Sessions Judge and should have approached the learned Magistrate concerned who was to handle prayer for bail in Jhajha Railway P.S.Case No.58 of 2013.
The petition stands disposed of with further direction to the courts below not to be prejudiced with the petitioner as he has approached to this Court.
(Dharnidhar Jha, J)
B.Kr./-
U T
1 issue framed by the court
Whether the petitioner was proper to approach the High Court instead of the Magistrate for bail.
Upendra Patel
The State of Bihar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
