Goutam Kumar @ Kaila Yadav @ Goutam Kumar Yadav @ Goutam Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32208 of 2018 Arising Out of PS.Case No. -8 Year- 2008 Thana -PARBATTA District- BHAGALPUR ======================================================

1. GOUTAM KUMAR @ KAILA YADAV @ GOUTAM KUMAR YADAV @ GOUTAM YADAV son of late Bhupendra Yadav

2. Kare Yadav @ Karu Yadav son of late Bhupendra Yadav Both are the resident of village - Jagatpur, P.S. Parbatta, Distt - Bhagalpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Petitioners apprehend their arrest in connection with Parbatta P.S.Case No. 08 of 2008 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioners are not named in the FIR and later on their names transpired and the case is of the year 2008. Submission of learned counsel for the petitioners is that without following the procedure they have been declared absconder and their name transpires in confessional statement of co-accused.

Heard learned APP also.

Having heard both sides and in view of the fact that

Patna High Court Cr.Misc. No.32208 of 2018 (2) dt.28-06-2018 2/2 petitioners have been declared absconder, this application is not maintainable.

Petitioners to surrender and make prayer for regular bail, which shall be considered on the submission that no procedure was followed in declaring them absconder and also on the basis of the materials on record and the court below will pass appropriate order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U