IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31779 of 2009 BILO SHARMA Versus THE STATE OF BIHAR ----------- 2/ 08/09/2009 Heard learned counsel for the petitioner and learned counsel for the State. The impugned order shows that the bail application came to be dismissed without the case diary at the insistence of the petitioner. He cannot be allowed to control the court proceedings. There is no occasion for this Court to consider his prayer for bail at this stage. The application is disposed with the observation that if he files an application before the court below for fresh hearing of his bail application, the case diary shall be called for and his prayer shall then be considered keeping in mind appropriately that certain co-accused had been granted bail by this Court and whether the petitioner was similarly situated or not. KC ( Navin Sinha, J.)