Chandralal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 12865 of 2017 Arising out of P.S. Case No. - 23 Year - 1997 Thana - GAYGHAT District - MUZAFFARPUR ====================================================== Chandralal Mahto, S/o Santoshi Mahto, Resident of Village Baritha, P.S. Katra, District Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party : Mr. Satyendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

The petitioner has already been declared absconder in the case and trial is going on against the petitioner under Section 299 Cr.P.C. which provides that if it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try such person for the offence complained of may, in his absence, examine the witnesses produced on behalf of the prosecution.

Apparently, the petitioner has knowledge of the aforesaid facts.

Patna High Court Cr.Misc. No.12865 of 2017 (2) dt.17-03-2017 2/2 Hence, this anticipatory bail application is dismissed, in connection with Gaighat Police Station Case No. 23 of 1997 pending in the court of learned Chief Judicial Magistrate, Muzaffapur, as devoid of any merit.

Kundan (Birendra Kumar, J) U T