Birendra Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52497 of 2018 Arising Out of PS.Case No. -55 Year- 2001 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Birendra Nat Son of late Babu Jan Nut Resident of Village- Rampur Deman, Pagahia, P.S. Saraiya, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Saraiya P.S. Case No. 55 of 2001, registered for offences alleged under Sections 399/402 of the Indian Penal Code and Sections 25(1-b)/26/35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner was not arrested on the spot and has been falsely implicated in the present case.

However, learned APP for the State has opposed the prayer for bail pointing out that the petitioner being the accused in this case was absconding and this being the case of the year 2001 the petitioner has been arrested by police in this case after 17 years

Patna High Court Cr.Misc. No.52497 of 2018 (3) dt.28-09-2018 2/2 on 01.06.2018. He has got criminal history as stated in paragraph 3 of the application.

In the facts and circumstances of the case whereunder the petitioner was absconding for 17 years and has been arrested recently, this Court is not inclined to grant regular bail to the petitioner.

The application is dismissed.

(Rajeev Ranjan Prasad, J) Arvind/Ved/- U T