The High Court at Patna rejected bail prayer by Hiralal Yadav, noting previous misuse of bail, absence of charge sheet, and the case's age, advising renewal after charge framing.
Bail prayer rejected; petitioner to renew prayer after framing of charges.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57897 of 2017
Arising Out of PS.Case No. -36 Year- 2006 Thana -MARAUNA District- SUPAUL
====================================================== 1. Hiralal Yadav, S/o Late Gyani Yadav, Resident of Village- Sirkhariya, P.S.- Marona, District- Supaul.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhu Prasun, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
Learned counsel for the petitioner submits that it is a case of misuse of privilege of bail. However, charge sheet has not been submitted till now and it is a case of the year, 2006.
In the facts and circumstances of the case that it is a case of misuse of privilege of bail, the prayer for bail stands rejected with an observation that the petitioner may renew his prayer for bail after framing of charge in the case.
(Arun Kumar, J)
Sudha/-
U T
2 issues framed by the court
Whether bail prayer by the petitioner, who had previously been discharged but is now in custody, should be allowed considering the delay and lack of charge-sheet.
Whether the case amounts to misuse of bail privilege warranting rejection of the current prayer.
1 provisions across 1 enactments
Hiralal Yadav
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
