Abhishek Kumar @ Raju Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40785 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -SAHKUND District- BHAGALPUR ====================================================== Abhishek Kumar @ Raju Jha, s/o Sudhir Jha, resident of village Hajipur P.S. Sajour District Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-09-2016 Heard Sri Pramod Kumar Singh, learned counsel for the petitioner and Sri Binod Kumar No. 2 , learned Additional Public Prosecutor.

The sole petitioner , who is in custody since 23.4.2016 in Sahkund (Sajour) P.S. Case No. 111 of 2015 registered for the offence under Section 328/ 394 of the Indian Penal Code, has prayed for grant of bail primarily on the ground that the accused on whose confession petitioner has been made accused has already been granted bail by a bench of this court vide order dated 30.11.2015 in Cr. Misc. No. 53882 of 2015. It was submitted by learned counsel for the petitioner that it is true that petitioner is accused in three cases but the antecedent of the petitioner can only be looked into at the time of passing order of sentence, such facts have got no relevance for passing order in bail petition.

Patna High Court Cr.Misc. No.40785 of 2016 (2) dt.29-09-2016 2/2 The court is of the opinion that if a person is having criminal antecedent and accused of serious offences in other number of cases at the time of considering bail petition the fact has got relevance. In view of the fact that the petitioner is having criminal antecedent I am not inclined to extend the privilege of bail.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T