In this second bail application, the petitioner argued that other accused had been released and the benches were unaware of his criminal antecedents. The court dismissed the prayer for bail without changing circumstances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 49503 of 2018
Arising Out of PS. Case No.-547 Year-2017 Thana- Kanti Tharmal Power DistrictMuzaffarpur
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Md. Shamim @ Md. Sanni, Son of Md. Nabijan, resident of MohallaSatpura Ward No. 3, Police Station- Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raju Kumar For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
Heard Sri Raju Kumar, learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned Addl. Public Prosecutor.
This is the second attempt for grant of bail on behalf of the petitioner. Earlier, only on 07-05-2018 , vide Cr. Misc No. 26495 of 2018, the prayer for bail of petitioner was rejected, considering the seriousness of accusation as well as criminal antecedent of the petitioner. Without any change in circumstance, the present petition has been filed for renewing the prayer for bail.
Learned counsel for the petitioner submits that after rejection of the prayer for bail of the petitioner, most of other accused persons have already been granted bail, vide Annexure
Patna High Court Cr.Misc. No.49503 of 2018(2) dt.26-09-2018 2/2
-3 series to the petition.
Fact remains that one of the ground for rejection of the prayer for bail of the petitioner was antecedent of the petitioner. Moreover, on going through the orders, i.e. orders contained in Annexure-3 series, it appears that the rejection of prayer for bail of this petitioner was not brought to the notice of the Benches, who have extended the privilege of bail to other accused persons.
The prayer for bail stands dismissed.
(Rakesh Kumar, J.)
anay
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in the second attempt given the criminal antecedents and the rejection of the earlier prayer.
Md. Shamim @ Md. Sanni
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
