The High Court dismissed the second bail petition by Lal Babu Rai. The court noted that previous bail prayers were rejected due to serious accusations and lack of shown change in circumstances despite the charge sheet submission. The petitioner cannot raise the same issue again.
Petition stands dismissed; no bail granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13053 of 2014
====================================================== Lal Babu Rai , S/O Bhajan Rai, Resident of Village – Khajbhatti, P.S. – Bidupur, district - Vaishali .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 02-04-2014 Heard learned counsel for the petitioner and Sri Ajay Kumar Jha, learned Additional Public Prosecutor.
This is 2nd attempt for grant of bail. Earlier, prayer for bail of the petitioner was rejected on 8.10.2013 vide Cr. Misc. No. 23928 of 2013 considering seriousness of the accusation.
Learned counsel for the petitioner submits that during investigation no material was brought on record to connect the petitioner in the present case, however, at the time of hearing, it was candidly accepted by learned counsel for the petitioner that even on the last occasion, when his prayer for bail was earlier rejected by this Court, charge sheet had already been submitted.
Keeping in view the fact that on merit petitioner’s prayer for bail was rejected, it would not be appropriate to allow
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the petitioner to raise the same issue. Nothing has been shown regarding change of circumstances.
The petition stands dismissed.
Keeping in view the fact that petitioner is in custody since 4.11.2012, the learned court below may take appropriate steps, so that, case may come to its logical end without unnecessary delay.
(Rakesh Kumar, J)
Praful/-
2 issues framed by the court
Whether to grant second bail petition considering earlier rejection and absence of material evidence.
Whether the petitioner can raise the same issue of material on record when charge sheet was already submitted.
Lal Babu Rai
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
