Patna High CourtCR. MISC./37071/2014rejected

Kedar Prasad And ORS v. The State Of Bihar

2015-03-13Mr. Justice Ramesh Kumar Datta2 pages

Patna High Court Cr.Misc. No.37071 of 2014 (2) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37071 of 2014 Arising Out of PS.Case No. -111 Year- 2006 Thana -WAJIRGANJ District- GAYA ======================================================

1. Kedar Prasad S/o Kailash Mahto

2. Deo Nandan Prasad S/o Gobind Mahto

3. Suresh Mahto S/o Late Janki Mahto

4. Bishundeo Prasad S/o Bodhi Mahto All are resident at Orail, P.S. Wazirganj, District Gaya.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 13-03-2015 Heard learned counsel for the petitioners. No one appears for the State.

The petitioners pray for anticipatory bail in a case registered under Sections 341, 323, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The first information report in the case has been lodged on 17.5.2006, whereas the petitioners have approached this Court for grant of anticipatory bail after a lapse of more than eight years.

It appears that, in the meantime, two of the accused persons have already been acquitted and further learned counsel for the petitioners submits that there has been a compromise between the parties.

Be that as it may, the fact is that the petitioners have

Patna High Court Cr.Misc. No.37071 of 2014 (2) dt.13-03-2015 avoided coming before the Court for such a long period of time, which disentitles them for grant of anticipatory bail. The prayer for anticipatory bail of the petitioners is, accordingly, rejected. However, it is made clear that the rejection is solely on the ground of the fact that the petitioners have not earlier approached this Court and have been avoiding the process of the Court. In case the petitioners surrender and pray for bail, the same shall be considered on the merits of the matter, including considering the fact of acquittal of two accused persons and the so-called compromise between the parties.

(Ramesh Kumar Datta, J) V.P.Sinha/- U