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Patna High CourtCR. MISC./515/2019dismissed

Shiv Shankar Yadav @ Shibu Yadav v. The State Of Bihar

2019-01-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.515 of 2019 Arising Out of PS. Case No.-13 Year-2012 Thana- PHULPARAS District- Madhubani ====================================================== Shiv Shankar Yadav @ Shibu Yadav, Son of Jagdish Yadav Resident of Village-Belahi,P.S. Marauna,Dist.-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Mr.Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2019 The petitioner apprehends his arrest in connection with Phulparas P.S.Case No. 13 of 2012 registered under Sections 366,366A and 372/34 of the Indian penal Code. Allegation is of kidnapping against the petitioner and other accused persons. The case appears to be of 2012 and petitioner is named in the FIR.

Submission of learned counsel for the petitioner is that as the investigation was kept pending as such he could not move this Court and nothing material is available against him. It has also been submitted that other co-accused has also been acquitted after a full-fledged trial which will appear from Annexure-3.

Heard learned APP also.

Having heard both sides and in view of the facts that case

Patna High Court Cr.Misc. No.515 of 2019(3) dt.24-01-2019 2/2 is old one and petitioner is named in the FIR as such I am not inclined to grant privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and prays for regular bail, the same shall be considered by the learned court below on its own merit without being prejudiced by this order. Accordingly, the application stands dismissed. (Vinod Kumar Sinha, J) sujit/- U T