Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49251 of 2016 Arising Out of PS.Case No. -53 Year- 2014 Thana -KATORIA District- BANKA ====================================================== PRAKASH YADAV S/O LATE SHIVRATRI YADAV RESIDENT OF VILLAGE- PALANIYA, POLICE STATION- KATORIA, DISTRICTBANKA. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

In spite of having prayer for anticipatory bail of petitioner rejected under Criminal Miscellaneous No.44731 of 2014, he had not surrendered before the learned lower court and lastly, his presence has been secured on 28.06.2016. Furthermore, petitioner has based his plea that co-accused have already been granted regular bail. It is evident that vide Criminal Miscellaneous No.32099 of 2014 prayer for bail of coaccused Sahdeo Yadav was rejected and he has been granted bail vide Criminal Miscellaneous No.52898 of 2015. In likewise manner co-accused Suchit Yadav and another were denied bail vide Criminal Miscellaneous No.40590 of 2015. Apart from this, from Annexure-3, it is evident that witnesses who were examined did not name the petitioners.

Without adverting to the merit of the case,

Patna High Court Cr.Misc. No.49251 of 2016 (2) dt.15-12-2016 considering the conduct whereunder petitioner knowingly, intentionally concealed himself out of the court and further misused the judicial process, prayer for bail is rejected at the present moment.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T