Patna High CourtCR. MISC./44435/2016rejected

Vinod Mahto v. The State Of Bihar

2016-12-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 44435 of 2016 Arising out of P.S. Case No. - 16 Year - 2002 Thana - DARBHANGA SADAR District - DARBHANGA ====================================================== Vinod Mahto, S/o Asharfi Mahto, Resident of village - Kamtaul, P.S. Kamtaul, District Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 342 and 387/34 of the Indian Penal Code.

Allegation is that the petitioner misused the privilege for bail. The petitioner is in custody since 21.07.2016. The impugned order reveals that even process under Section 83 of the Cr.P.C. was executed against the petitioner on 23.01.2006, therefore, there is no merit in the submission of the petitioner that the petitioner was at Delhi without giving address or contact number to the court below and the petitioner was not informed by his family members, though the household articles have been seized by the authorities for his non-appearance. The misuse is of

Patna High Court Cr.Misc. No.44435 of 2016 (3) dt.14-12-2016 2/2 14 years.

Considering the entire facts and circumstances, I am not inclined to enlarge the petitioner on bail, in connection with Darbhanga Sadar Police Station Case No. 16 of 2002 pending in the Court of learned Judicial Magistrate-1st Class, Darbhanga/successor Court, for the present. Hence, prayer for bail is refused.

However, the prayer of the petitioner for bail shall be considered favourably by the court below, if the trial is not concluded within six months from the date of receipt of a copy of this order.

Kundan (Birendra Kumar, J.) U T