Amresh Paswan vs The State Of Bihar on 14 February, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr. Misc. No.4500 of 2011
                Amresh Paswan, Son of Krishna Paswan, resident of Mohalla-Raja Bazar,
                Daulatpur, P.S.-Jehanabad, District-Jehanabad.             -Petitioner.
                                        VERSUS
                The State of Bihar                                        -Opposite Party.
                                        -----------

02 14.02.2011 The petitioner is in custody in relation to Punpun P.S.

Case No.124 of 2009 instituted under Section 395 of the Indian Penal

Code.

On behalf of the petitioner, it is submitted that on the

date of occurrence petitioner was in judicial custody. It is further

submitted that the learned Sessions Judge who disposed of the matter

has committed error of record in holding that the mobile recovered

from the petitioner was the stolen mobile of the informant, in fact,

mobile recovered from the petitioner was the mobile of a relative of

the petitioner.

In my view, both issues first pointedly raised before the

learned Sessions Judge who was in a better position to appreciate to

decide those issues. I, accordingly, direct the petitioner to move

before the learned Additional Sessions Judge-III, Patna once again on

these specific issues who would decide the same and pass appropriate

orders in respect of the bail accordingly keeping in view the

antecedent of the petitioner as well.

This application is disposed of accordingly.

     Trivedi/                                  (Navaniti Prasad Singh, J.)