The petitioner, Manoj Bhuiyan, sought second bail in an attempted murder case. The Single Judge held that the hostility of prosecution witnesses examined after the first bail rejection did not constitute a new ground for review.
Prayer for bail rejected. Petitioner remains in custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8385 of 2022
Manoj Bhuiyan .... … Petitioner
Versus
The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -------For the Petitioner : Mr. Anjani Kumar, Advocate For the State : Ms. Ruby Pandey, A.P.P. --------
Heard learned counsel for the applicant and the learned A.P.P. for the State. This is the second Bail Application on behalf of the applicant– Manoj Bhuiyan with prayer to release on bail in connection with Anandpur P.S. Case No. 25 of 2020, corresponding to S.T. No. 153 of 2021, registered under Section 302 of the Indian Penal Code, pending in the court of the Sessions Judge, West Singhbhum at Chaibasa on the ground that first Bail Application of the applicant has been rejected vide order dated 01.11.2021 in B.A.No. 9403 of 2021 by this Court and after rejection of the first Bail Application witnesses who were examined before the Trial Court have turned hostile and have not supported the prosecution case. The applicant has been languishing in Jail since 03.12.2020.
06/ 25.11.2022
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the first Bail Application was rejected on merit. After rejection of the first Bail Application before the Trial Court witnesses who have been examined have not supported the prosecution case. The same cannot be a new ground for the second Bail Application. Testimony of the witnesses who were examined before the Trial Court cannot be evaluated at the time of disposal of second Bail Application.
In view of the submissions made and materials on record, no new ground is found for the second Bail Application. Accordingly, prayer for bail is rejected.
(Subhash Chand, J.)
P.K.S.
1 issue framed by the court
Whether a bail application presents new grounds sufficient to warrant release on bail.
1 provisions across 1 enactments
Manoj Bhuiyan
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
