The Patna High Court rejected the petitioners' second application for anticipatory bail, holding that a contrary order by another Bench regarding other co-accused could not serve as a precedent since the previously refused order was not placed before that Bench.
The prayer for anticipatory bail of the petitioners is rejected once again.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12447 of 2014
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All Resident Of Village Laharia Pokhar, P.S- Barh, Distt- Patna.
... .... Petitioners Versus
The State of Bihar
.... .... Opposite Party
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
SINGH
ORAL ORDER
This is the second attempt for grant of anticipatory bail by the petitioners in a case instituted under Sections 147, 341, 323, 307, 309, 427 of the Indian Penal Code and 135 of the Electricity Act, 2003. Their prayer for anticipatory bail was rejected earlier by this court vide order dated 28th of October, 2013 passed in Cr. Miscellaneous No. 29549 of 2013.
Learned counsel for the petitioners has submitted that some other co-accused have subsequently been granted
Patna High Court Cr.Misc. No.12447 of 2014 (2) dt.11-04-2014
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anticipatory bail by another Bench of this court.
Admittedly, the earlier order passed by this court by which anticipatory bail to the petitioners was refused was not placed before the Bench which granted bail to some other coaccused persons. Under such circumstances, this Court cannot treat the order passed by another Bench of this Court as a precedent for grant of anticipatory bail to the petitioners.
Accordingly, the prayer for anticipatory bail of the
petitioners is rejected once again.
Jagdish/-
(Ashwani Kumar Singh, J)
2 issues framed by the court
Whether the earlier anticipatory bail orders granted by another Bench of this Court to other co-accused persons operate as a precedent for the grant of anticipatory bail to the petitioners.
Whether the prayer for anticipatory bail under similar circumstances should be allowed or rejected.
Sujeet Yadav
Mantu Yadav
Indradeo Yadav
Jatan Yadav
Bholi Yadav
Krishna Yadav
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
