Mihir Kr.Jha, J.

1. Heard Mr. Bindhyakeshri Kumar, learned Senior Counsel for the petitioner and counsel for the State.

2. In this application the petitioner has made a prayer for grant of regular bail in connection with Laukhi P.S. Case No. 108 of 2007, lodged under Sections 147, 148, 302, 120B and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. Learned Senior counsel appearing for the petitioner had submitted that earlier the prayer for bail of the petitioner was dismissed by this Court by an order dated 18.6.2008 in Cr. Misc. No. 1177 of 2008 on merits but without hearing the submissions of counsel for the petitioner and as such this Court would be required to once again go into merits of the case. Sri Kumar, learned Senior Counsel has in this context also taken a firm stand that this Court had committed error of procedure in disposing of the earlier bail application of the petitioner on merits even when the earlier counsel for the petitioner had not appeared and argued the case on merits. He is also of the view that this Court in absence of counsel for the petitioner ought to have dismissed the application for default but in no event on merts. In this r