Court rejected second anticipatory bail plea as previously rejected but directed lower court to consider blindness of second petitioner and lack of imputations if surrendered within four weeks before charge-framing.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20590 of 2022
Arising Out of PS. Case No.-140 Year-2020 Thana- TURKAULIYA District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rohit Kumar Sharma, Advocate For the Opposite Party/s : Mr. A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 21-09-2022 Heard Mr. Rohit Kumar Sharma, learned
Advocate for the petitioners and the State.
The prayer for anticipatory bail of the
petitioners was earlier rejected by this Court vide order
dated 27.04.2021 passed in Cr. Misc. No. 33002 of 2020 with the direction that in case the petitioners surrender before the court below and seek bail, their
case shall be considered on its own merits, without being
prejudiced by the fact that their anticipatory bail
application was not entertained by this Court.
Patna High Court CR. MISC. No.20590 of 2022(3) dt.21-09-2022 2/3
The learned counsel for the petitioners has explained the reasons for filing the present second anticipatory bail application and has stated that it could not be brought to the notice of the Court that the petitioner no. 2/Shekh Harun is a blind person and there is no specific accusation against him.
It has also been submitted that the informant has been examined at the trial, who has not attributed
any role to the petitioners.
However, in view of the fact that the petition for anticipatory bail on behalf of the petitioners had earlier been rejected by this Court, I am not inclined to give a re-look to the case of the petitioners.
However, if the petitioners surrender before the court below within a period of four weeks from today,
the court below shall take into account the afore-noted facts viz. that petitioner no. 2 is completely blind and that the informant has not attributed any role to the petitioners and shall pass orders in accordance with law
Patna High Court CR. MISC. No.20590 of 2022(3) dt.21-09-2022 3/3
without being prejudiced by the fact that even the
second anticipatory bail application of the petitioners has
not been entertained.
The petition stands disposed of accordingly.
(Ashutosh Kumar, J)
krishna/-
U T
2 issues framed by the court
Whether a second anticipatory bail application should be entertained after a prior rejection and if the court below must consider disability of an accused.
Whether the court below need to consider that an accused is completely blind and has not been impugned in the FIR.
2 provisions across 2 enactments
Sheikh Salim @ MD. SALIM S/o Sheikh Harun
Shekh Harun S/o Shekh Tauhid @ Shekh Vahid
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
