MUNNA MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application has been filed for a direction to release the petitioner on bail under the provisions of section 437(6) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code").

(2.) THE petitioner has earlier moved this Court for bail but the same was dismissed vide Cr. Misc. No. 6238192 on 3.6.1992 ' -by Chowdhary S.N. Mishra, J. with an observation that the petitioner may renew his prayer for bail after six months if so advised. However, before expiry of the said period, the petitioner has again moved this Court, as According to the learned counsel the Judicial Magistrate was duty bound to release him under section 437 (6) of the Code. This application was placed before Choudhary S.N. Mishra, J. but as he declined to hear the same it has been placed before me. The petitioner is facing trial for charges under section 392 of the Code.

(3.) IN support of his contention, he has relied upon two decisions of the Apex Court in the case of Talab Haji Hussian v. Madhukar Purshot tom Mondkilr and another.1 and in the case of Gurcharan Singh and others v. State (Delhi Administration).2.