Criminal Miscellaneous petition seeking bail was disposed of directing the petitioner to renew his prayer before the court below to consider it on merits after a lapse of time.
Petitioner directed to renew bail prayer before the court below for consideration on merits. This order stands disposed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39542 of 2021
Arising Out of PS. Case No.-118 Year-2019 Thana- PUNAURA District- Sitamarhi
======================================================
BINOD RAM S/o Late Bhola Ram Resident of Village- Maniyari, P.S.Punaura, Dist- Sitamarhi.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv For the Opposite Party/s : Mr. Bharat Bhushan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 09-02-2022
The matter has been taken up today for consideration through video conferencing.
The learned counsel for the petitioner submits that on account of lapse of time in between rejection of his prayer on 21.12.2020 in Cr. Misc. No. 27432 of 2020 and today, there may have been certain developments at the trial.
The submission is made without availing of the remedy to move before the court below after rejection of his prayer on the last occasion.
The learned APP submits that after rejection of the petitioner’s prayer for bail on 21.12.2020, he has not moved the court below.
This Court is of the opinion that the petitioner should renew his prayer first before the court below, which would be
Patna High Court CR. MISC. No.39542 of 2021(4) dt.09-02-2022 2/2
required to consider the application on merits, having regard to lapse of the period in between and other developments, in the meanwhile if any, without in any way being affected by this order.
This application stands disposed of.
(Madhuresh Prasad, J)
SUMIT/-
U
1 issue framed by the court
whether the court below should consider the bail prayer afresh after a lapse of time or the matter should be remitted to such court.
BINOD RAM
STATE OF BIHAR
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
