Madhusudan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9314 of 2019 Arising Out of PS. Case No.-215 Year-2013 Thana- BARBIGHA District- Sheikhpura * ====================================================== Madhusudan Yadav, aged about 35 years (Male), son of Balram Yadav, Resident of Village- Manjrohi Olapur, P.S.- Pirpainti, Dist- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravina Kumari, Advocate.

For the Opposite Party/s :

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barbigha Police Station Case No.215 of 2013 registered under Sections 406, 364, 396 and 302 of the Indian Penal Code as added, pending in the court of the Additional Chief Judicial Magistrate-II, Sheikhpura.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner has surfaced in the confessional statement of the co-accused Munna Kuar. Except that, during investigation, nothing could be collected by the Investigation Officer against the petitioner to show his

Patna High Court CR. MISC. No.9314 of 2019(2) dt.13-03-2019 2/2 involvement in the case.

Admittedly, the prayer of the petitioner for pre-arrest bail has already been rejected by this Court vide order dated 31.08.2017 passed in Criminal Misc. No.22526 of 2017. As such, I find no reason to reconsider the prayer of the petitioner for pre-arrest bail. Accordingly, the prayer of the petitioner for pre-arrest bail is again rejected. However, the petitioner is directed to surrender before the trial court within eight weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T