This court dismissed a renewed application for anticipatory bail. It held that since an earlier application was rejected on merits, the current prayer is not maintainable and the petitioner must seek regular bail by surrendering.
Prayer for anticipatory bail rejected; petitioner directed to surrender for regular bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A No. 622 of 2018
Mahubul Sk. ..... … Petitioner
Versus
The State of Jharkhand .…. … Opposite Party
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA
-----For the Petitioner : M/s S.K.Mahto For the State : A.P.P. --------
Petitioner is apprehending his arrest in connection with Pakur (Malpahari) P.S Case No. 56 of 2012, corresponding to G.R No.170 of 2012, for the offences under Sections 3,4,5 of the Explosive Substance Act.
In view of the fact that the FIR showed that from the crusher of the petitioner, 47 bags of Ammonium Nitrate, containing 50 kg. each and 25 kg in one bag, were recovered by the police, earlier the anticipatory bail application of this petitioner was rejected on merits by order dated 7.5.2012 in A.B.A No. 1128 of 2012.
Learned counsel for the petitioner has renewed the prayer for anticipatory bail.
The earlier anticipatory bail application of this petitioner was rejected on merits on 7.5.2012 itself. Thereafter in the year 2018, the second anticipatory bail application cannot be considered. The petitioner must surrender in the Court below and make prayer for regular bail.
In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, Mahubul Sk. Accordingly, his prayer for anticipatory bail is hereby rejected.
( H. C. Mishra, J.)
BS/
2 issues framed by the court
Whether a second anticipatory bail application should be entertained when an earlier application on the same facts was rejected on merits.
Whether anticipatory bail should be granted to the petitioner apprehending arrest under the Explosive Substance Act.
Mahubul Sk.
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
