Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6489 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== 1.

VIJAY KUMAR SON OF VILASH MAHTO @ RAM BILASH PRASAD RESIDENT OF VILLAGE - KHEWAN BIGHA, P.S. - NORRSARAI, DISTRICT - NALANDA 2.

AKHILESH KUMAR SON OF NATHUN PRASAD RESIDENT OF VILLAGE - KHEWAN BIGHA, P.S. - NOORSARAI, DISTRICT - NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Bhakta, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. This is second anticipatory bail petition. Earlier, the petition, filed for grant of anticipatory bail on behalf of petitioners, stood dismissed as withdrawn, vide order dated 22.08.2023 passed in Cr. Misc. No. 48324 of 2023.

3. The petitioners have renewed their prayer for grant of anticipatory bail on the ground that other accused persons having similar allegations have been granted anticipatory bail vide Annexure-3.

4. It is settled law that subsequent bail orders of the

Patna High Court CR. MISC. No.6489 of 2024(2) dt.02-02-2024 2/2 co-accused persons is not a ground for fresh bail application. There is no change of circumstances. Moreover, in view of the recent judgment of the Hon'ble Supreme Court in the case of G.R. Ananda Babu Vs. State of Tamil Nadu and Anrs reported in 2021 SCC OnLine SC 176, the second anticipatory bail on behalf of the petitioners is not maintainable. It is, accordingly, dismissed.

(Prabhat Kumar Singh, J) Navya/- U T