Petitioner sought review of the bail refusal order citing investigation officer's transfer and witnesses' non-residence. The High Court refused review, rejecting the bail application.
Prayer for bail is once again rejected; review of earlier order refused.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8420 of 2014
Arising Out of PS.Case No. -138 Year- 2008 Thana -DANARUA District- PATNA
====================================================== 1. Fuzi Yadav S/O Shree Bishun Yadav Resident Of Village- Bir, Police Station- Dhanarua, District- Patna
.... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Madhuri Lata, Advocate For the Opposite Party/s : Mr. Ganesh Pd.Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 7 07-01-2015 Heard learned counsel for the Petitioner and the State.
The Petitioner seeks bail in Sessions Trial No.116 of 2010 arising out of Dhanarua P.S. case No.138 of 2008 instituted for the offence under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of the Additional Sessions Judge XI, Patna.
On perusal of the report of the Superintendent of Police (Rural), Patna, it appears that the witnesses are not residing in the village and also that the Investigating Officer is now posted in Gaya and for summoning him communication has been sent to the Sr. S.P., Gaya.
In view of such, I am not inclined to review the earlier order refusing bail to the Petitioner.
Prayer for bail is once again rejected.
Narendra/U T
(Anjana Prakash, J)
2 issues framed by the court
Whether the earlier order refusing bail should be reviewed due to changes in witness residence and investigation officer posting.
Whether the prayer for bail should be granted considering the grounds for review.
Fuzi Yadav
The State Of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
