Patna High Court - Orders
Golden Patel @ Kunj Bihari Patel vs The State Of Bihar on 11 December, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74215 of 2019
Arising Out of PS. Case No.-1121 Year-2018 Thana- SASARAM NAGAR District- Rohtas
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GOLDEN PATEL @ KUNJ BIHARI PATEL Son of Jay Kumar Singh
Resident of Village - Patadhi, P.S.- Shivsagar, District- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 11-12-2019Heard the learned counsel for the petitioner and the State.
The petitioner, who is in custody since 01.07.2019, seeks bail in connection with Sasaram (T) (Modal) P.S. Case No. 1121 of 2018 dated 17.08.2018 instituted for the offences under Sections 363 and 365 of the Indian Penal Code in which Sections 364-A, 302, 201, 120-B of the IPC has subsequently been added.
It appears that the victim boy who was taken away by an unknown person, never returned. Since the FIR was lodged only at the time when the boy had gone missing, the other details have not been provided.
However, this Court is absolutely unhappy to read the order impugned which does not state anything except for the fact that the name of the petitioner has transpired in the supplementary report and that charge Patna High Court CR. MISC. No.74215 of 2019(2) dt.11-12-2019 2/2 sheet has been submitted against him. This is no way of handling a bail matter in such a serious offence. The Judicial Officer who has dealt with this case has completely abdicated his responsibility of deciding a case in a manner which is expected from a Senior Judicial Officer.
I would otherwise have restrained myself from passing such harsh comment in the order but because of this kind of drafting of the orders in bail matters, the High Court is chocked with the dockets which do not specify anything and the courts, perforce have to call for the investigation papers. This Court has not been able to get any assistance from the order impugned.
The case is remitted to the learned 14th Additional Sessions Judge, Rohtas at Sasaram for writing out a fresh order in accordance with law within a period of fifteen days of the receipt of a copy of this order and the records of this case.
After a fresh order is written, it shall be immediately sent to this Court in sealed cover.
List this case on 20th of January, 2020.
(Ashutosh Kumar, J) krishna/-
U T