The Court rejected the petitioner's second anticipatory bail application, noting the first was dismissed as withdrawn. The Court directed the petitioner to surrender and apply for regular bail.
Petitioner directed to surrender before the Court below and make prayer for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21800 of 2018
Arising Out of PS. Case No.-260 Year-2017 Thana- KISHANGANJ District- Kishanganj
======================================================
Mithilesh Kumar Bishwas @ Mithilesh Bishwas Son of Khagendra Chand Bishwas Resident of Mohalla- Vivekanand Nagar, Dharamganj, Kishanganj, P.S. and District- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Sri Zainul Abedin ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 09-05-2018
The prayer for anticipatory bail application of this petitioner
was earlier dismissed as withdrawn on the prayer of the counsel for the petitioner as mentioned in the order dated 23.1.2018 passed in Cr. Misc. no. 57339 of 2017.
Therefore, this Court is not inclined to entertain the second anticipatory bail petition. Prayer for anticipatory bail of the petitioner stands rejected. Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.
(Sanjay Priya, J)
shyambihari/-
U T
2 issues framed by the court
Whether the Court should entertain a second anticipatory bail petition after the first was dismissed as withdrawn.
Whether the petitioner should be directed to surrender and seek regular bail.
Mithilesh Kumar Bishwas @ Mithilesh Bishwas
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
