Patna High CourtCR. MISC./41362/2017disposed

Rajiv Kumar Yadav @ Mantu v. The State Of Bihar

2017-11-06Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.41362 of 2017 (4) dt.06-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41362 of 2017 Arising Out of PS.Case No. -447 Year- 1998 Thana -DANAPUR District- PATNA ======================================================

1. Rajiv Kumar Yadav @ Mantu Son of Mohanlal Yadav, R/o MohallaBehind of Marwari School, Patna City, P.S.- Chowk, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 The petitioner seeks regular bail in connection with Danapur P.S. Case No. 447 of 1998, registered for offences punishable under Sections 307, 353 and 34 of the Indian Penal Code.

This is a case of misuse of privilege of bail for more than fifteen years.

Submission of learned counsel for the petitioner that he had been living outside the State in connection with earning his livelihood and he could not make pairvi in the case and he could not know about the cancellation of his bail bonds as the pairvikar also did not inform him. It has also been submitted by learned counsel for the petitioner that after knowing about the cancellation of his bail bonds, petitioner himself surrender on 15.07.2017 and

Patna High Court Cr.Misc. No.41362 of 2017 (4) dt.06-11-2017 since then he has been in judicial custody.

Having heard both sides, considering the fact and circumstances of the case and also in this case there is long misuse of privilege of bail as such, I am not inclined to release the petitioner on bail rather this application is disposed of with direction to the A.D.J. -II, Danapur to expedite the trial and try to conclude the same within a period of four months and if the trial is not concluded within the aforesaid period, he shall release the petitioner on bail to his own satisfaction.

(Vinod Kumar Sinha, J) sunil/- U T