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Patna High CourtCR. MISC./219/2016rejected

Mithlesh Yadav @Mithlesh Kumar Yadav v. The State Of Bihar

2016-01-05Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.219 of 2016 Arising Out of PS.Case No. -147 Year- 2014 Thana -ISHOPUR District- BHAGALPUR ======================================================

1. MITHLESH YADAV @MITHLESH KUMAR YADAV son of Fudo Yadav, Resident of village- Ratan, P.S.- Bakhri, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Ram Priya Sharan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Although petitioner is not named in the F.I.R. but after institution of the present case, petitioner and some other coaccused were arrested by the police of Ariyari police station with stolen vehicle for which Ariyari P.S.Case No. 173 of 2014 was lodged just after next day of the present occurrence. Learned counsel for the petitioner submitted that several other co-accused have already been granted privilege of bail by a co-ordinate Bench of this Court in Ariyari P.S.Case No. 173 of 2014 passed in Cr. Misc. No. 18164 of 2015 but it appears that the real fact was not placed before this court at the time of consideration of bail of petitioner and other co-accused in Ariyari

Patna High Court Cr.Misc. No.219 of 2016 (2) dt.05-01-2016 2/2 P.S.Case No. 173 of 2014.

It is a very serious case of loot. Therefore, I am not inclined to grant privilege of bail to the petitioner, hence, his prayer for bail in connection with Ishipur Barahat P.S.Case No. 147 of 2014, pending in the court of Judicial Magistrate1st class, Bhagalpur stands rejected.

(Hemant Kumar Srivastava, J) N.K/- U T