Patna High CourtCR. MISC./43998/2015rejected

Saroj Yadav v. The State Of Bihar

2015-10-14Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43998 of 2015 Arising Out of PS.Case No. -15 Year- 2011 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Saroj Yadav Son of Hari Narain Yadav Resident of village- Baghmara, P.S. Kushesawar Asthan, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Dr.Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-10-2015 Heard Mr. Suraj Narayan Prasad Sinha, learned Senior counsel for the petitioner and the APP for the State. This is in fact second application filed for anticipatory bail in connection with Bithan P.S. Case No. 15 of 2011 which has given rise to S.T. No. 392 of 2014. Occurrence had taken place on 31.3.2011 in which 10 accused persons were named. It is submitted that the police did not send the petitioner up for trial on 30.6.2012. The Court differing with the report took cognizance against the petitioner also on 27.8.2012. Like the petitioner, two others were also not sent up who have been privileged with anticipatory bail. After rejection of his prayer for bail, the evidence of prosecution case has been recorded which exonerated the petitioner.

Be that as it may, considering the fact that the petitioner's

Patna High Court Cr.Misc. No.43998 of 2015 (2) dt.14-10-2015 2/2 prayer for anticipatory bail was rejected on 21.11.2013 (Annexure-1) whereafter he was supposed to surrender and seek bail, I am not persuaded to grant the privilege of anticipatory bail to the petitioner. Prayer is accordingly rejected. Rejection of his prayer, however, shall not prejudice the case of the petitioner if he surrenders and prays for bail in the Court below itself which shall be considered taking into account all relevant facts in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T