SUNIL RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present bail application has been filed by the petitioner seeking regular bail in connection with Chapra Mufassil P.S. Case 179 of 2012 lodged under Sections 341, 323, 147, 148, 149, 341, 323 and 307 of the Indian penal Code and Section 27 of Arms Act.

(2.) The matter was earlier taken up on 25.11.2020 and the counsel appearing on behalf of the petitioner had made a prayer for withdrawal of this application on the ground that during pendency of this regular bail application, a second bail application was filed by the petitioner before the court below and the petitioner was granted bail while his application for grant of regular bail was pending in the High Court. The counsel for the petitioner was asked by this court that whether while seeking bail from the concerned court below the fact that his bail application is pending before the High Court was disclosed or not? The counsel for the petitioner failed to give a satisfactory reply and therefore, a report was called from the concerned court as to whether the petitioner had stated before the court below that his regular bail application was pending in the High Court. Further, the learned counsel for the petitioner was also directed to file a supplementary affidavit.

(3.) In pursuance to the aforesaid direction, a report vide Letter No. 66 dated 14.12.2020 has been received from the court of Additional Sessions Judge IX, Saran at Chapra, the relevant extract of which is quoted hereunder: