The Patna High Court observed that the lower court is required to consider the petitioner's bail prayer on merits regardless of any prior bail rejection by this Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44477 of 2021
In
CRIMINAL APPEAL (SJ) No.529 of 2021
Arising Out of PS. Case No.-106 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
SANTOSH MISHRA S/O Late Radhakant Mishra Resident of Village - Partapur, P.S. - Belsand, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Jha For the Opposite Party/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
... ... Opposite Party/s
Learned senior counsel submits that the petitioner be allowed liberty to move for grant of bail before the court below. Having regard to earlier rejection of his prayer for regular bail in Cr. App. (SJ) No. 529/2021, he expresses an apprehension that the court below may not consider his prayer on merits.
This Court would only observe that the Court below would be required to consider the prayer for bail upon its merits irrespective of earlier rejection of bail by this Court.
(Madhuresh Prasad, J)
SUMIT/-
U
1 issue framed by the court
Whether the lower court must consider the petitioner's bail prayer on merits despite this Court's earlier rejection of bail.
Santosh Mishra
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
