HARIHAR NATH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above stated petitions arise out of Kotwali P.S. Case No. 270 of 2016 corresponding to Special Case No. 32 of 2016 registered for the offences punishable under Sections 420, 465, 467, 468, 471, 188, 201, 212, 120-B of the Indian Penal Code and Sections 8/9/13(1) (e) read with Section 13(2) of Prevention of Corruption Act and accordingly, are being disposed of by this common order.

(2.) Vide order dated 08.12016 passed in Cr. Misc. No. 39141 of 2016 and analogous case, the prayer for bail of the petitioners was rejected by this court giving liberty to them that if their trial is not concluded within four months from the date of receipt/production of copy of the aforesaid order before the court below, the petitioners shall be entitled to renew their prayer for bail. However, it is an admitted position that when the aforesaid order dated 08.12016 in Cr. Misc. No. 39141 of 2016 and analogous case was passed, charge had not been framed by the trial court and the aforesaid fact was not brought to the notice of this court. However, it is informed that now, charge has already been framed by the trial court on 24.01.2018 and submission on behalf of the petitioners is that the stage of the case has already been changed.

(3.) It is further submitted on behalf of the petitioners that petitioners are languishing in jail custody since 27.06.2016 and 10.06.2016 respectively and, therefore, they should be released on bail.