Sanjeet Sahni @ Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14644 of 2020 Arising Out of PS. Case No.-4 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== 1.

Sanjeet Sahni @ Sanjeet Kumar, aged about 26 years, male. 2.

Ranjeet Sahni @ Ranjeet Kumar, aged about 24 years, male. 3.

Nantun Sahni @ Nantun Kumar, aged about 22 years, male. 4.

Bhultun Sahni @ Bhultan Kumar, aged about 20 years, male. All are S/o Sri Binod Sahni @ Vinod Sahni and R/o village- Dargah, P.S.- Katra, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No. 13, Adv.

For the Opposite Party/s :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2021 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Katra P.S. Case No. 4 of 2019, dated 07.01.2019, instituted for the offences under Sections 147, 149, 302 and 34 of the Indian Penal Code. The prayer for anticipatory bail of the petitioners

Patna High Court CR. MISC. No.14644 of 2020(3) dt.07-12-2021 2/3 was earlier rejected vide order dated 27.08.2019 passed in Cr. Misc. No. 38012 of 2019 by Hon'ble Mr. Justice Vinod Kumar Sinha, as he then was.

The reason for filing this present application again is that subsequent to the order of dismissal referred to above, other accused persons with similar allegation have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.09.2019 passed in Cr. Misc. No. 41283 of 2019.

Had the prayer for anticipatory bail of the petitioner not been earlier rejected, I would have examined the facts of this case. However, merely because some of the other co-accused persons have been granted anticipatory bail by another Bench of this Court, it would give no occasion to this Court to review the earlier order dated 27.08.2019 by which the prayer for anticipatory bail of the petitioner has been rejected.

The prayer for grant of anticipatory bail to the petitioners is thus rejected again with the observation that in case, they surrender before the Court below and seek bail,

Patna High Court CR. MISC. No.14644 of 2020(3) dt.07-12-2021 3/3 the Court below, after taking into account the facts that after passing of the order refusing to grant anticipatory bail to the petitioners, the other co-accused persons with similar accusation have been granted bail by a different Bench of this Court, shall pass order in accordance with law, without being prejudiced by the fact that the applications on their behalf for grant of anticipatory bail have been rejected twice. The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T