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Patna High CourtCR. MISC./54165/2016rejected

Devan Dharhi v. The State Of Bihar

2016-12-21Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54165 of 2016 Arising Out of PS.Case No. -45 Year- 1993 Thana -RAIL District- LAKHISARAI ======================================================

1. Devan Dharhi, Son of Rameshwar Dharchi resident of Village Purani Ishua, P.S. Sarmera, District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 448, 307/34 of the Indian Penal Code and 3 / 4 of Explosive Substance Act, way long back in the year 1993. Learned counsel appearing for the petitioner submits that the FIR was lodged against unknown as far back in 1993 but charge sheet was submitted showing him as an absconder. It is further submitted that Sharwan Dharhi, own brother, was also arrested and granted bail.

It appears that the petitioner's case is of the year 1993 and the impugned order shows that the charge sheet has been submitted showing him absconder and he is also an accused in another case under Section 395 IPC lodged in 2007.

Patna High Court Cr.Misc. No.54165 of 2016 (2) dt.21-12-2016 2/2 Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage, who is an accused in Rail Thana Keul P.S.Case No.45 of 1993 (Sessions Trial No. 31B/95) pending in the Court of learned A.D.J.,III- Lakhisarai. Accordingly it is rejected. However, the petitioner may renew his prayer for bail after framing of the charges.

(Arun Kumar, J) singh/- U T