Virender Kumar Singh @ Virendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2101 of 2015 Arising Out of PS.Case No. -237 Year- 2006 Thana -HAJIPUR District- VAISHALI(HAJIPUR) =========================================================== Virender Kumar Singh @ Virendra Singh Son of Nathuni Singh Resident of VillBanghara, Rajapakar, P.S and P.O-Rajapakar, Distt.-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 08-04-2016 Heard learned counsel for the parties.

The petitioner seeks bail in Hajipur in P.S. Case No. 237 of dated 05.05.2006 instituted under Sections 224/353/323/324/307/332/333/379/120B of the Indian Penal Code. This is the second attempt of the petitioner for bail as earlier such prayer was rejected on 19.08.2014 passed in Cr. Misc. No. 22715 of 2014.

Learned counsel for the petitioner submits that he is in custody for a long period and as earlier petition was rejected only

Patna High Court Cr.Misc. No.2101 of 2015 dt.08-04-2016 2/2 because he had not surrendered or was taken into custody within a short proximity of him having run away and now he is in custody for a long period, his bail application may be sympathetically considered. He further submits that similarly situated persons have been granted bail.

Learned A.P.P. for the State submits that the major distinction between the case of the other persons and the petitioner is that besides having surrendered or taken into custody in close proximity of them having run away, they had not been caught the second time while committing another crime whereas in the case of the petitioner, besides him having absconded for more than one year, he was caught in the commission of an offence and thus does not deserve sympathy.

In the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

Accordingly, the application stands dismissed. However, the court below shall expedite the trial and conclude the same within six months.

(Ahsanuddin Amanullah, J) Anjani/- U T