Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40634 of 2016 Arising Out of PS.Case No. -19 Year- 2012 Thana -KATIHAR GRP CASE District- KATIHAR ====================================================== Umesh Yadav S/o - Late Kamleshwari Yadav R/o Kichain Tola, P.S. Sadar, Distt - Purnea.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

01-12-2016 Heard Sri Sanjeev Kumar Singh, learned counsel for the petitioner and Sri Jagdhar Prasad, learned Addl. Public Prosecutor.

The petitioner, who is in custody in Katihar Rail P.S. Case No. 19 of 2012, corresponding to Sessions Trial No. 556 of 2013, registered for offence under Sections 328, 379, 307/34 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that besides this, the petitioner is accused in one another case relating to similar offence, however after conviction, finally he was acquitted.

Learned Addl. Public Prosecutor, by way of referring to statement made in paragraph - 28 of the case diary, submits that

Patna High Court Cr.Misc. No.40634 of 2016 (3) dt.01-12-2016 2/2 petitioner is habitual offender of such type of offence. He submits that besides the present case, the petitioner was accused in earlier three cases, whereas, in the present petition, he has disclosed the number of one case.

Keeping in view the nature of accusation and antecedent of the petitioner, I do not find any ground to extend the privilege of bail.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T