RAVI SAHANI, SON OF LATE MUNNILAL SAHANI, RESIDENT OF VILLAGE MAJURANHA, P.S. TURKAULIA, DISTRICT EAST CHAMPARAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner figures as an accused in Turkauliya (Banjariya) P.S. Case No.417 of 2013 for offence, punishable under Sections 395 and 412 of the Indian Penal Code. He approached the court of 4th Additional Sessions Judge, Motihari for bail by filing B.P. Case No.2387 of 2013. The trial court dismissed the bail application on 18.12.2013. Thereupon, he filed Criminal Miscellaneous No. 2108 of 2014 before this Court. The learned Single Judge, who heard the matter, dismissed the same on 24.04.2014. However it was observed that the petitioner can renew his request for bail, after he completes one year in custody.

(2.) The petitioner filed the present application vide Cr. Misc. No.37786 of 2014 for bail stating that he has completed one year in custody. The learned Single Judge, who heard the matter, passed an order dated 13.11.2014 referring the case to the Division Bench on the question as to whether it is competent for the petitioner to move the application for bail before this Court directly in the second round without approaching the trial court.

(3.) Heard Sri Umesh Chandra Verma, learned counsel for the petitioner and Dr. Mayanand Jha, learned Additional Public Prosecutor for the State.