Maheshwar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.976 of 2015 Arising Out of PS.Case No. -51 Year- 2013 Thana -MADHUBANI TOWN District- MADHUBANI ====================================================== Maheshwar Mishra S/o - Late Kailu, Resident of Village - Nazirpur, P.S. - Rahika, Distt. - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 14-01-2015 Heard.

This is an application under Section 438 of the Code of Criminal Procedure. Earlier the petitioners were granted the privilege vide order dated 9th December 2013 in connection with Town (Madhubani) P.S. Case No. 51 of 2013/G.R. No. 341 of 2013, pending before the Chief Judicial Magistrate, Madhubani but apart from others on the submissions that none of these three petitioners carry any criminal antecedent. Subsequently, by filing Criminal Miscellaneous No.12135 of 2014 some sort of modification was sought, which was turned down vide order dated 26th March 2014, but for the reasons beset know to the present petitioner, he could be able to manage his escape till date reflecting how week/ineffective our prosecuting investigating agencies are.

In view of the above, there appears no reason to entertain this application. According, prayer on behalf of the petitioner is refused with a direction to the petitioner to surrender before the Court below at once

Patna High Court Cr.Misc. No.976 of 2015 (2) dt.14-01-2015 2/2 and seek regular bail, which shall be considered on its own merit, failing which, the court below is directed to take all coercive steps, permitted under law, to ensure his appearance/apprehension.

(Akhilesh Chandra, J) Ashwini/- U T