Mukhtiyar Yadav @ Muktiyar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.5253 of 2015 (2) dt.09-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5253 of 2015 Arising Out of PS.Case No. -448 Year- 2014 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Mukhtiyar Yadav @ Muktiyar Yadav Son of Yugo Yadav Residents of vill-Thengha,P.S-Sour Bazar,Distt-Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

It would appear from perusal of the first information report that petitioner was caught by the police while he was fleeing after committing the occurrence and one country made pistol and one live cartridge were recovered from his conscious possession. Petitioner carries criminal antecedent which is evident from para 3 to this petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Madhepura P. S. case no. 448/2014 pending in the court of the Chief Judicial Magistrate, Madhepura stands rejected, at least, at this stage. However, if the trial of petitioner is not concluded within six months from the date of receipt/production of a copy of this order,

Patna High Court Cr.Misc. No.5253 of 2015 (2) dt.09-02-2015 petitioner may renew his prayer for bail before the court below itself. shahid (Hemant Kumar Srivastava,J) U T