Patna High CourtCR. MISC./8121/2017rejected

Shiochandra Yadav v. State Of Bihar And ANR

2017-03-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8121 of 2017 Arising Out of PS.Case No. -218 Year- 2002 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Shiochandra Yadav, son of Angrahit Yadav, Resident of VillageOjhawaliya, Kala, P.S.- Chauri, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramanuj Ojha, Son of Late Ram Subhag Ojha (Lt. Ram Subhag Ojha) Resident of Village- Ojhawaliya Kala, P.S.- Chauri, District- Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Lallan Singh, Adv. For the Opposite Party/s : Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-03-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 218(C)/2002, registered for the offences punishable under Sections 323, 380, 354 of the Indian Penal Code. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. On same and similar allegation, two other co-accused have already been granted anticipatory bail vide order passed in A.B.P. no. 848/06. The petitioner had no knowledge about the pendency of the case. The petitioner never received any summon, but from order of the learned Sessions Judge, Bhojpur, Ara, it appears that the process

Patna High Court Cr.Misc. No.8121 of 2017 (4) dt.23-03-2017 2/2 under Section 82 of Cr.P.C. has already been issued against the petitioner and the petitioner was avoiding to appear in the court. The case is of the year 2002 and after 15 years, the petitioner filed this petition for anticipatory bail.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/- U T