Disposed

Sanjay Kewat and Anr. v. The State Of Bihar

Patna HC2 May 2017CR. MISC./20445/2017

Case brief

AI extract

What is this about?

This oral order clarifies that the directive ordering High Court bail applications for specific Mehandiganj PS cases to be heard only by Division Bench No. I applies only to direct High Court filings. Accused persons retain their statutory right to approach the lower court first.

What did the court decide?

Clarification issued regarding bail application jurisdiction and trial court competency.

Sanjay Kewat and Anr. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20445 of 2017

¶2

Arising Out of PS.Case No. -5 Year- 2017 Thana -MEHDIGANJ District- PATNA

¶3

====================================================== 1. Sanjay Kewat, S/o Late Sitaram Kewat, 2. Arti Devi @ Munni Devi, W/o Sanjay Kewat, Both are resident of Daldaliganj, P.S.- Mehandiganj, District- Patna. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bam Bahadur Jha, Advocate Mr. Sushil Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Manoj Kumar – 1 APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

¶4

2 02-05-2017 While disposing of CWJC No.2264 of 2017 (Umashankar Prasad Advocate Civil Court, Patna v. The State of Bihar & Ors.) on 21.02.2017, this Court observed as under:-

¶5

“It is further directed that all applications for anticipatory or regular bail arising out of the Mehandiganj P.S. Case No.28 of 2015; Mehandiganj P.S. Case No.35 of 2016; Mehandiganj P.S. No.2 of 2017 and Mehandiganj P.S. Case No.5 of 2017 will be listed before this Bench only.”

¶6

Patna High Court Cr.Misc. No.20445 of 2017 (2) dt.02-05-2017

¶7

2/3

¶8

The import of the aforesaid order is that whenever anticipatory or regular bail is filed in the High Court, the same has to be heard by Division Bench No.I. However, this order does not mean that the accused persons do not have the rights available under Sections 437, 438 and 439 of the Code of Criminal Procedure to move before the concerned lower Court for grant of bail. It seems that there is some confusion in interpreting the aforesaid order. We clarify that the accused persons have a right to move before the concerned lower Court for grant of bail and thereafter, if any adverse order is passed, they will have the liberty to move the High Court and when the matter is placed before the High Court, the same shall be placed before Division Bench No.-I. The concerned lower Court is directed to consider the bail application of the accused persons and take a decision in accordance with law and thereafter liberty shall be available to the petitioners to approach this Court.

¶9

The order dated 21.02.2017 passed in CWJC No.2264 of 2017 is modified to that extent with regard to all the cases arising out of Mehandiganj P.S. Case No.28 of 2015; Mehandiganj P.S. Case No.35 of 2016; Mehandiganj P.S. No.2 of 2017 and Mehandiganj P.S. Case No.5 of 2017.

¶10

Patna High Court Cr.Misc. No.20445 of 2017 (2) dt.02-05-2017

¶11

3/3

¶12

The petition stands disposed of with the aforesaid

¶13

observations.

¶14

(Rajendra Menon, CJ)

¶15

(Sudhir Singh, J)

¶16

Sunil/-

¶17

U T

Sanjay Kewat and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Kewat and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Devendra Rai and Anr. Vs The State Of Bihar Through The Chief Secretary, Govt. Of Bihar and Ors.

The State Of Bihar and Ors. Vs Methodist Church In India and Anr.

Bihar Bhoodan Yagna Committee Karykarta Sangh Vs The State Of Bihar and Ors.

Baldeo Prasad Gupta Vs Bank Of India Through Its The Chairman Cum Managing Director and Ors.

M/s Purnea Talkies Company Through Dharmo Narayan Saha Vs Shyam Bihari Sinha and Ors.

Razi Akhtar Vs The State Of Bihar and Ors.