Patna High CourtCR. MISC./55193/2016rejected

Ram Bharosh Yadav @ Machhar Yadav v. The State Of Bihar

2017-01-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55193 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -PHULPARAS District- MADHUBANI ====================================================== Ram Bharosh Yadav @ Machhar Yadav, S/o Agarjit Yadav, R/o VillageBalua, P.S.- Laukahi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No. 13 & Mr. J.K. Bharti, Advocates.

For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State.

The petitioner seeks bail in Phulparas P.S. Case No. 78 of 2016 registered under Section 392 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is no recovery from the possession of the petitioner and he is not named in the F.I.R. and he has falsely been implicated in this case by the police.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail and pointed out that the petitioner has got criminal antecedents as he is accused in a large number of cases as mentioned in paragraph 3 of this bail petition. Learned A.P.P. also pointed out that from perusal of the order sheet of the learned Sessions Judge itself it appears that some witnesses have

Patna High Court Cr.Misc. No.55193 of 2016 (2) dt.09-01-2017 2/2 identified the petitioner during the course of investigation. Having heard both sides and in view of the fact that the petitioner has criminal antecedents and some witnesses have identified the petitioner during the course of investigation, as such, I am not inclined to enlarge the petitioner on bail in Phulparas P.S. Case No. 78/2016. Accordingly, the prayer for bail of the petitioner is rejected.

However, the learned trial court is directed to expedite the trial.

(Vinod Kumar Sinha, J) Dilip/- U