← Library
Patna High CourtCR. MISC./45161/2024bail rejected

Abhishek Kumar Yadav @ Honey Yadav v. The State Of Bihar

2024-08-30Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45161 of 2024 Arising Out of PS. Case No.-225 Year-2021 Thana- BAHERI District- Darbhanga ====================================================== Abhishek Kumar Yadav @ Honey Yadav Son Of Sri Manoj Kumar Yadav Village- Vikrampur, Bandey, P.S.- Muffasil Samastipur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shanker Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Baheri P.S. Case No. 225 of 2021, lodged on 05.11.2021 under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 10.05.2023 passed in Cr. Misc. No. 16191 of 2023 with liberty that he may renew his prayer for bail after framing of charge. Counsel submits that the antecedent of the petitioner is not clean as there are in total 12 criminal cases pending against him in which in some cases, he is on bail and in some cases, he is persuading for bail. Counsel further submits that one of the

Patna High Court CR. MISC. No.45161 of 2024(3) dt.30-08-2024 2/3 co-accused has been granted bail by this Court vide order dated 16.04.2024 passed in Cr. Misc. No. 9854 of 2024 and other coaccused persons have been granted bail by the co-ordinate Bench of this Court vide orders dated 12.04.2023, 21.08.2023 and 04.12.2023 passed in Cr. Misc. Nos. 6830 of 2023, 52756 of 2023 and 76518 of 2023 respectively.

4. Learned A.P.P. for the State opposes the prayer for bail and submits that antecedent of the present petitioner is not as like that of other co-accused persons.

5. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner at present.

6. Accordingly, the prayer for regular bail of the petitioner is hereby rejected with liberty that he may renew his prayer for bail six months after framing of charge as well as certificate submitted by the petitioner that he is not absconding in any of the following cases which are pending against him whose details are mentioned below:- (i) Samastipur Town P.S. Case No. 249 of 2019 (ii) Samastipur Muffasil P.S. Case No. 249 of 2019 (iii) Darbhanga Town P.S. Case No. 320 of 2020 (iv) Mahua P.S. Case No. 379 of 2020 (v) Teghra P.S. Case No. 19 of 2020

Patna High Court CR. MISC. No.45161 of 2024(3) dt.30-08-2024 3/3 (vi) Teghra P.S. Case No. 286 of 2020 (vii) Dumka Town P.S. Case No. 258 of 2021 (viii) Dumka Town P.S. Case No. 259 of 2021 (ix) Patepur P.S. Case No. 177 of 2021 (x) Patepur P.S. Case No. 179 of 2021 (xi) Baheri P.S. Case No. 225 of 2021 (xii) Baheri P.S. Case No. 04 of 2022 (Dr. Anshuman, J.) Aman Kumar/- U T