Akhilesh Yadav @ Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34362 of 2020 Arising Out of PS. Case No.-155 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== AKHILESH YADAV @ MANDAL Son of Ramdhani Yadav Resident of Village- Khaira Khurd, P.S.- Govindpur, District- Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajeev Nayan,Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal,APP For the Electricity Department:

Mr.Shrekant Sharan Singh,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-01-2021 Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking pre-arrest bail in his second attempt in connection with Govindpur P.S. Case No. 155 of 2019 registered for the offences punishable under Section 304/34 of the Indian Penal Code. Although learned counsel for the petitioner proceeded to argue the matter saying that the petitioner had valid electricity connection at the time of alleged occurrence and that is the point which could not be raised on the earlier occasion, in course of argument it has transpired from his own document at page '23' which is a copy of the electricity bill dated 08.01.2020 that after December 2018 there was no electricity consumption and meter reading clearly providing that the petitioner had no valid

Patna High Court CR. MISC. No.34362 of 2020(3) dt.30-01-2021 2/2 electricity connection during this period. Learned counsel having appreciated this, submits that this fact could not be brought to his notice while giving instructions. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

In the given facts and circumstances of the case since there is no change of circumstance, this application cannot be maintained and is dismissed accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.