The High Court rejected a second application for anticipatory bail, stating that the prayer had already been dismissed once. The petitioner was directed to surrender and seek regular bail from the lower court.
Anticipatory bail application dismissed; petitioner directed to seek regular bail from the lower court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15937 of 2019
Arising Out of PS. Case No.-161 Year-2016 Thana- MAHILA P.S. District- Bhojpur
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Gorakh Nath Pandey @ Gorakh Pandey S/o Late Nathuni Pandey R/o Village- Bakhura, P.S- Tarani, Distt.- Bhojpur
... ... Petitioner/s
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajendra Nath Sinha For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 02-05-2019 This application, for grant of anticipatory bail, arises out of Bhojpur Mahila P.S. Case No. 161 of 2016, disclosing offences under Sections 323, 354(A), 498(A)/34 of the Indian Penal Code
It appears from perusal of annexure -1 of the petitioner that the prayer for anticipatory bail of the petitioner has already been dismissed once vide order dated 20.04.2017 passed in Cr. Misc No. 40114/16 by the then coordinate Bench of this Court
Submission of learned counsel for the petitioner is that he has filed this second anticipatory bail on the ground that other accused persons have been granted the privilege.
Patna High Court CR. MISC. No.15937 of 2019(3) dt.02-05-2019 2/2
Heard learned A.P.P. also.
Having heard both sides, considering the fact that
prayer for grant of anticipatory bail of the petitioner has already been dismissed once, therefore, I do not find any occasion to reconsider the prayer for anticipatory bail of the petitioner rather the petitioner, if so desire, may surrender in the court below and pray for regular bail, which will be disposed of by the court below on the basis of materials available on record.
This application is, accordingly, dismissed
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
1 issue framed by the court
Whether the second application for anticipatory bail should be reconsidered when the first was already dismissed by this Court.
Gorakh Nath Pandey @ Gorakh Pandey
The State of Bihar
Punita Devi D/o Late Satyadev Mishra
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
