Patna High Court rejected the petitioner's second application for anticipatory bail, noting the prior rejection due to six pending cases, and directed surrender to the trial court.
Application for anticipatory bail dismissed; petitioner directed to surrender for bail consideration below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16687 of 2020
Arising Out of PS. Case No.-455 Year-2016 Thana- FORBESGANJ District- Araria
======================================================
MD. MINHAZUDDIN Son of Haji Aainul Haque Resident of Village - Rampur South, Ward No. 8, P.S.- Forbesganj, Distt - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anil Prasad Singh For the Opposite Party/s : Mr.Nawal Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 01-09-2021
Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
The petitioner is apprehending his arrest in connection with Forbesganj P.S. Case No. 455/16 instituted for the offences under Sections 341, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.
This is second attempt made on behalf of the petitioner for grant of anticipatory bail. Earlier the anticipatory bail application was rejected vide Annexure-1 to the present application taking into account that the petitioner had six criminal cases pending against him.
Learned counsel for the petitioner submits that the petitioner was on police bail and hence he should be given benefit of order passed by this Court reported in 2004 (3)
Patna High Court CR. MISC. No.16687 of 2020(2) dt.01-09-2021 2/2
P.L.J.R. 491 (Mahendra Prasad Singh versus State of Bihar) .
Be that as it may, since this is the second attempt made on behalf of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. If the petitioner surrenders in the Court below and prays for bail, the Court below will be at liberty to consider the submissions advanced on behalf of the petitioner.
With the aforesaid observation, the present application stands disposed of.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted in a second attempt by the petitioner despite previous rejection.
How to handle subsequent bail applications by a petitioner with multiple pending criminal cases.
Colour shows how this judgement treated each authority
Mahendra Prasad Singh versus State of BiharReferred¶17
2004 (3) P.L.J.R. 491 (Mahendra Prasad Singh versus State of Bihar)
Md. Minhauddin
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
