Patna High CourtCR. MISC./2830/2017dismissed

Kedar Nath Thakur @ Kedar Thakur v. The State Of Bihar

2017-02-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2830 of 2017 Arising Out of PS.Case No. -244 Year- 1994 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Kedar Nath Thakur @ Kedar Thakur, S/o Late Rajdeo Thakur, resident of Village - Navadih, P.S. - Sikratha, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh Mr. Mithilesh Kumar Singh For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 The petitioner is in custody since 04.11.2016 in connection with Ara Town P.S. Case No. 244 of 1994, registered for offences punishable under Sections 302/34, 324. 307 of the Indian Penal Code It has been submitted on behalf of the petitioner that though the present case is of the year 1994 but since the petitioner has no knowledge about the dismissal of his anticipatory bail petition in the year 2000, he could not surrender as he is in military services and when he came to know about the said fact, he himself surrendered on 04.11.2016. It has further been submitted that the petitioner has no concern with the present case as on the alleged date of occurrence, he was actively doing his duty in military services.

Patna High Court Cr.Misc. No.2830 of 2017 (2) dt.09-02-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, from perusal of the impugned order, it appears that petitioner was declared absconder as he was absconding since 1994 as such, I am not inclined to grant the petitioner, the privilege of regular bail at this stage, it is accordingly rejected.

However, considering the fact that some of the accused has already appeared in this case, learned Court below is directed to expedite the commitment of the case and if necessary may separate the case of the petitioner from other co-accused persons who have already appeared in this case and try to conclude the trial as early as possible.

(Vinod Kumar Sinha, J) sunil/- U T