Patna High CourtCR. MISC./33053/2017rejected

Dheli Yadav v. The State Of Bihar

2017-08-30Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.33053 of 2017 (3) dt.30-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33053 of 2017 Arising Out of PS.Case No. -35 Year- 2010 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dheli Yadav son of Shvicharan Yadav, resident of Village- Bariarwa, P.S. Semra, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sharma For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-08-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 22 'A' of 2011, arising out of Semara P.S. Case No. 35 of 2010, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner was granted bail vide order dated 14.03.2011 passed in Cr. Misc. No. 43861 of 2010 on the undertaking that the petitioner had no criminal antecedent. On behalf of the petitioner an affidavit was also filed that the petitioner has got no criminal antecedent. The informant filed petition for cancellation of bail of the

Patna High Court Cr.Misc. No.33053 of 2017 (3) dt.30-08-2017 petitioner and other accused persons stating therein that the petitioner filed false affidavit about his criminal antecedent and on such vide order dated 28.03.2012 the bail granted to the petitioner was cancelled but the petitioner did not surrender in the court and he remained absconding for more than three years. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail at this stage. Accordingly, the same is rejected.

The petitioner may renew his prayer for bail after six months.

(Prabhat Kumar Jha, J) KKSINHA/- U T