Virendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49415 of 2017 Arising Out of PS.Case No. -203 Year- 1999 Thana -JEHANABAD District- JEHANABAD =========================================================== Virendra Yadav Son of Late Nagina Yadav, Resident of Village- Mirganj, P.S.- Shakurabad, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Jehanabad P.S. Case No. 203 of 1999 dated 20.06.1999 instituted under Sections 147/148/149/448/380 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. Technically this is the second attempt of the petitioner seeking bail, since earlier his prayer for bail had been allowed by order dated 29.05.2012 in Cr. Misc. No. 19267 of 2012. On the previous occasion also despite having been granted bail

Patna High Court Cr.Misc. No.49415 of 2017 dt.17-01-2018 2/3 earlier he had misused the same for over four years and was arrested. The Court was indulgent and granted him bail subject to the condition that he shall co-operate in the trial and not absent without due and sufficient cause. The petitioner does not seem to have learnt his lesson and again misused the privilege of bail on 03.07.2013, when his bail bond was cancelled and he was later declared absconder on 25.10.2016, and only thereafter he was arrested by the local police.

4. Learned counsel for the petitioner submitted that he is a poor labourer and goes out of the State for work and thus such lapse be condoned.

5. Learned A.P.P. submitted that the petitioner does not deserve any further indulgence as earlier for over four years he has absconded and he was arrested from within the State and even after the Court had granted indulgence, he has again misused the privilege for over three years.

6. Upon considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds no ground to show any further indulgence. The petitioner being accused in six others cases and absconding after misusing the privilege of bail, initially for over four years and subsequently for over three years, has clearly disentitled himself

Patna High Court Cr.Misc. No.49415 of 2017 dt.17-01-2018 3/3 from being granted bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T