Arbind Yadav @ Arbind Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16321 of 2017 Arising Out of PS.Case No. -37 Year- 2003 Thana -SINGHESHWAR District- MADHEPURA ======================================================

1. Arbind Yadav @ Arbind Kumar Yadav Son of Late Rajendra Yadav, Resident of Village- Laraha, P.S. Singheshwar, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-07-2017 Heard both sides.

The petitioner apprehends his arrest in Singheshwar P.S. case No. 37 of 2003 under Section 302/34 of the Indian Penal Code.

The informant alleged that petitioner was in search of his brother, Surendra Yadav, on the allegation that Surendra Yadav committed theft in his house. Thereafter, Surendra Yadav was stabbed to death.

The learned counsel for the petitioner submits that the case was registered against unknown. Save and except suspicion, there is no material against the petitioner but it appears that police after investigation submitted charge sheet on 19.05.2005 and cognizance of the offence was taken against the

Patna High Court Cr.Misc. No.16321 of 2017 (4) dt.07-07-2017 2/2 petitioner. The petitioner was not appearing in court for last 12 years. Thereafter, the petitioner filed this anticipatory bail petition. Considering the fact that petitioner has approached this court for grant of anticipatory bail after 12 years of the order taking cognizance, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. If the petitioner surrenders in the court below the learned court below shall consider the prayer for regular bail of the petitioners on its own merit without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) BKS/- U T