This Court observed that the petitioner should apply for bail before the trial Court, ensuring the period of custody is considered independently of the earlier rejection in Cr. Misc. No. 27412 of 2020. The application was disposed of.
None granted; observation made regarding future bail application process.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28848 of 2021
Arising Out of PS. Case No.-265 Year-2020 Thana- KHAGARIA District- Khagaria
======================================================
Khilkur Rahman, aged about 31 years, male, Son of Md. Jiyaur Rahman Resident of Village- Jalkaura, P.S.- Khagaria, District- Khagaria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Md. Najmul Hodda, Adv. For the Opposite Party/s : Mr. Nand Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 12-01-2022 The matter has been listed today for consideration through Video Conference.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Khagaria (Gangour) P. S. Case No. 265 of 2020, instituted for the offence under Sections 147,148,149,323, 506,504, 379 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
While the petitioner has been in custody, his prayer for bail was earlier rejected under order dated 25.11.2020 passed
Patna High Court CR. MISC. No.28848 of 2021(4) dt.12-01-2022 2/2
in Cr. Misc. No. 27412 of 2020. Therefore, after some argument, he submits that he will be approaching the learned Court below renewing his prayer for bail.
This Court would only observe that if the petitioner applies for bail, the period of custody and other aspect of the matter be considered by the learned trial Court, without in any manner being effected by earlier rejection of prayer for bail under order dated 25.11.2020 passed in Cr. Misc. No. 27412 of 2020.
With the aforesaid observations, the application stands disposed of.
(Madhuresh Prasad, J)
shyambihari/-
U
1 issue framed by the court
Whether the petitioner can be granted bail in proceedings relating to offences under Sections 147, 148, 149, 323, 506, 504, 379, 307 IPC and Section 27 Arms Act.
Khilkur Rahman
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
