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Patna High CourtCR. MISC./37363/2016rejected

Mithilesh Yadav @ Rajesh Yadav @ Munna Yadav v. The State Of Bihar

2016-09-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37363 of 2016 Arising Out of PS.Case No. -162 Year- 2000 Thana -KHAGARIA District- KHAGARIA ====================================================== Mithilesh Yadav @ Rajesh Yadav @ Munna Yadav, Son of Degan Yadav. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)A, 26, 35 of the Arms Act. It is a case of misuse of privilege of bail for near about 14 years and petitioner could be arrested by the police on the strength of permanent warrant issued against him. The conduct of the petitioner goes to show that if he is released from custody, again the trial of the petitioner may hamper. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail, at least, at this stage and hence, his prayer for bail in connection with Khagaria P.S. Case

Patna High Court Cr.Misc. No.37363 of 2016 (2) dt.08-09-2016 2/2 No. 162 of 2000 corresponding to S.C. No. 101 of 2012 pending in the court of learned Additional Sessions Judge-IV, Khagaria stands rejected.

However, if the trial of the petitioner is not concluded within six months from the date of receipt/production of copy of this order, the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T