Ramjee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15897 of 2016 Arising Out of PS.Case No. -193 Year- 2000 Thana -BARACHATTI District- GAYA ====================================================== Ramjee Yadav, son of Late Hiraman Yadav, resident of village Nawadih, Police Station Mohanpur, District Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-04-2016 Though the matter has been placed under the heading 'For Orders of Office Note' as the complete certified copy of the First Information Report could not be filed. Learned Counsel for the petitioner submits that the original certified copy of the said First Information Report is torn and, therefore, it is not possible to file the exact photocopy of the certified copy of the said First Information Report.

However, ignoring the said defect, with the consent of the parties, this application is being heard and disposed of at this stage itself.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barachatti Police Station Case No. 193 of 2000, disclosing offence under Section 396 of the Indian Penal Code and Section 17 of the C. L. A. Act.

Patna High Court Cr.Misc. No.15897 of 2016 (2) dt.11-04-2016 2/2 From the First Information Report, I find that the case was instituted in the year 2000 and this application for anticipatory bail has been filed more than 15 years after lodging of the First Information Report. Learned Counsel for the petitioner has submitted that other similarly circumstanced accused persons have been granted anticipatory bail and regular bail.

Be that as it may, considering the fact that this application has been filed more than 15 years after the lodging of the First Information Report, I am not inclined to entertain this application.

This application for anticipatory bail is, accordingly, dismissed.

The petitioner, Ramjee Yadav, is directed to surrender before the Court below within a period of four weeks from today and seeks regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √