The High Court rejected a second application for anticipatory bail. The court held that a second application is not permissible in law after a prior rejection and noted the petitioner remained at large without surrendering. The prayer was dismissed based on these grounds.
The prayer for anticipatory bail was rejected.
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.704 of 2019
Arising Out of PS. Case No.-131 Year-2012 Thana- LAXMIPUR District- Jamui
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Sunil Das @ Sunil Ravidas, son of Sita Ram Rabidas, resident of Village- Karra, P.S.-Laxmipur, District-Jamui
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Umesh Prasad, Advocate For the Opposite Party/s : Mr. Sufiyan, APP
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
The prayer for anticipatory bail on behalf of the petitioner was earlier rejected on 21.07.2017 in Cr.Misc. No.29383 of 2017 after due consideration of all facts and circumstances.
Despite the order of rejection dated 21.07.2017, the petitioner has not surrendered before the court below and today, the present application for anticipatory bail has been moved, stating that the situation has now changed and a compromise has been arrived at in the present case.
This Court is not convinced by such arguments and in view of the fact that the petitioner has remained at large since long after the earlier rejection order and also because the second anticipatory bail is not permissible in law, the present application stands rejected.
(Anjana Mishra, J)
PNM U T
2 issues framed by the court
Whether a second application for anticipatory bail is permissible in law when the earlier application was already rejected.
Whether the failure of the petitioner to surrender before the lower court after earlier rejection warrants rejection of the present application.
Sunil Das @ Sunil Ravidas
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
