Petitioner sought anticipatory bail for the third time in a Gogri P.S. case alleging assault with a knife causing head injury. His first application was withdrawn and the second dismissed as not maintainable. The Court declined to entertain the repeated attempt and rejected the anticipatory bail application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11519 of 2024
Arising Out of PS. Case No.-61 Year-2023 Thana- GOGRI District- Khagaria
======================================================
Dhiraj Kumar @ Dheeraj Kumar Son of Sita Ram Singh Resident of VillageItahri, P.S.- Gogri, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Mr. Syed Mojibur Rahman ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
A.P.P. for the State.
with Gogri P.S. Case No. 61/2023, G.R. No. 425/2023, registered for the offence punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Khagaria.
petitioner had earlier moved this court seeking anticipatory bail by filing Cr. Misc. No. 40981/2023 but then in the nature of allegation as alleged, the learned counsel appearing on behalf of the petitioner had sought permission to withdraw the anticipatory bail application and permission was accorded, thereafter again, the petitioner moved this court seeking anticipatory bail by filing Cr. Misc. No.68987/2023, the same
Patna High Court CR. MISC. No.11519 of 2024(2) dt.19-04-2024 2/2
was dismissed on the ground that second anticipatory bail application is not maintainable. This is the third attempt of the petitioner to seek anticipatory bail, the Court completely fails to appreciate the conduct of the petitioner that when his initial anticipatory bail application was permitted to be withdrawn and on the second occasion the same was dismissed then there appears no reason as to why the third anticipatory bail application has been filed, when it is alleged against him that he assaulted the informant by knife causing injury on head.
(Satyavrat Verma, J)
amit/- U T
1 issue framed by the court
Whether a third anticipatory bail application should be entertained after withdrawal of the first and dismissal of the second.
2 provisions across 2 enactments
Dhiraj Kumar @ Dheeraj Kumar
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
