Patna High CourtCR. MISC./33153/2016dismissed

Madheshwar Prasad Singh @ Madheshwar Prasad v. State Of Bihar And ANR

2016-08-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33153 of 2016 Arising Out of PS.Case No. -246 Year- 2015 Thana -KOTWALI District- PATNA ====================================================== Madheshwar Prasad Singh @ Madheshwar Prasad S/o Late Jalim Singh R/O Yarpur Rajputana, P.S.- Gardanibagh, , Distt.- Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Kumod Kumar, Section Officer, Legal Cell, Patna High Court. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate For the State : APP For the High Court : Mr. Satyabir Bharti Mr. Alok Chandra, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the High Court, Patna.

2. The petitioner is in custody since 27.02.2016 in connection with Kotwali P.S. Case No. 246 of 2015 for the offences alleged under Sections 181, 193, 468, 471 and 120B of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with Cr. Misc. No. 26133 of 2014 wherein the petitioner of that case obtained bail when the present petitioner had identified the deponent of the said Cr. Misc. No. 26133 of 2014 and similarly also that of Cr. Misc. No. 28622 of 2014. It is submitted that the petitioner has merely identified the deponents in those cases but has not committed any fraud.

4. Learned APP for the State assisted by learned counsel for the High Court (opposite party no. 2) appearing suo motu submit that the petitioner is a habitual offender in as many as five cases of similar nature in which he has been made accused.

Patna High Court Cr.Misc. No.33153 of 2016 (2) dt.23-08-2016 2/2 This Court dismissed the petitioner's bail application bearing Cr. Misc. No. 32888 of 2016 on 19.08.2016.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) B.T/Chandran U T