Patna High CourtCR. MISC./52370/2015rejected

Rajesh Kumar Yadav @ Ajit Kumar v. The State Of Bihar

2016-01-30Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52370 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajesh Kumar Yadav @ Ajit Kumar son of Rambabu Prasad Yadav, resident of village - Fajilpur, P.S. - Rajepur, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Rajepur P.S.Case No.81 of 2014 registered under Sections 387 read with 34 of the Indian Penal Code and 27 of the Arms Act. It has been contended that the petitioner is neither named in the FIR nor any incriminating article has been recovered from his possession. The name of the petitioner transpired on the basis of disclosure made co-accused Umesh Kumar Rai, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 10.04.2015 passed in Cr. Misc. No.9317 of 2015. On the other hand, learned counsel for the State has

Patna High Court Cr.Misc. No.52370 of 2015 (3) dt.30-01-2016 2/2 contended that the petitioner is a habitual offender. He has been made accused in sixteen cases of identical nature and abusing the privilege of bail granted to him in earlier cases, he is executing offence of identical nature one after another. Regard being had to the long standing criminal history of the petitioner, I am not inclined to grant him bail. Accordingly, his prayer for bail is rejected.

The court below is directed to expedite the trial and conclude the same as early as possible.

(Ashwani Kumar Singh, J) Md.S./- U T