Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 14108 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -BUXAR District- BUXAR ====================================================== Anil Yadav son of Nathuni Yadav, resident of village - Budhanpurwa, P.S. Buxar (Town), District - Buxar (Bihar).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. R. K. Sinha Mr. Gajendra Nath Ojha For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

03-05-2017 Heard Sri R.K.Sinha, learned counsel assisted by Sri Gajendra Nath Ojha, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor. This is the 2nd attempt for grant of bail on behalf of the petitioner, who is in custody in Buxar (Town) P.S. Case No. 74 of 2016, registered for offence under Sections 341, 147, 148, 149, 302, 326 & 120(B) of the Indian Penal Code and Section 27 of the Arms Act, 1959. Earlier, the prayer for bail of petitioner was rejected on 17-10-2016, vide Cr. Misc. No. 40597 of 2016 (Annexure - 1 to the petition).

Learned counsel for the petitioner submits that petitioner is in custody since 22-03-2016 and as such, it is a changed circumstances for entertaining the present petition. However, I have perused the Annexure - 1, whereby,

Patna High Court Cr.Misc. No.14108 of 2017 (3) dt.03-05-2017 2/2 the prayer for bail of petitioner was earlier rejected. On going through the same, it is evident that prayer for bail of the petitioner was rejected on two counts. Firstly, on merit as well as on fact that he was accused in number of cases relating to serious offences. Only on the ground of further period of custody, it cannot be said that there is any change of circumstances.

The prayer for bail again stands rejected.

(Rakesh Kumar, J.) Anay U T