Petitioner seeking bail refused earlier; trial court vacant leading to case transfer direction under 16.3.2016 order; application dismissed.
Case transferred to an available court; bail application dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49020 of 2015
Arising Out of PS.Case No. -42 Year- 2014 Thana -DUMRA District- SITAMARHI
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Avanish Kumar @ Sonu @ Ashvini Kumar, son of Suresh Pandey, resident
of village Azamgarh, P.S. Dumra, Distt. Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa, Adv.
For the State : Mr. A.L. Pandit, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
4 11-05-2016 Heard learned Counsel for the petitioner and the State.
The petitioner was refused bail by the order dated
12.1.2015 passed by this Court in Cr. Misc. 34435 of 2014.
From the report of the Judicial Magistrate, 1 st Class,
Sitamarhi, regarding present stage of Trial No. 3444 of 2014 arising
out of Dumra P.S. Case No. 42 of 2014, it appears that the case is at
the stage of evidence.
Since the Court where the case is pending is vacant, the
District and Sessions Judge, Sitamarhi, is directed to transfer the case
before a Court which has occupied so that the Trial in Dumra P.S.
Case No. 42 of 2014 can be concluded at the earliest in terms of the
order of this Court dated 16.3.2016 passed in the instant case.
With the aforesaid observations, the application stands
dismissed.
(Anjana Prakash, J)
S.Ali/U T
1 issue framed by the court
Whether the bail application should be allowed or dismissed when the trial court is vacant.
Avanish Kumar @ Sonu @ Ashvini Kumar
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
