Vikash Kumar @ Vikash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10737 of 2020 Arising Out of PS. Case No.-221 Year-2015 Thana- TRIVENIGANJ District- Supaul ====================================================== VIKASH KUMAR @ VIKASH YADAV Son of Mahendra Yadav Resident of Village - Lavdi @ Lavdihi, Ward No. 8, P.S.- Jadia, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P. C. Thakur For the Opposite Party/s :
Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.
This application, for grant of anticipatory bail, arises out of Triveniganj Police Station Case No. 221 of 2015, disclosing offences under Sections 341/323/307/379/34 of the Indian Penal Code.
From perusal of the impugned order, it appears that the petitioner had earlier moved before the learned Court below for grant of anticipatory bail by filing A.B.P. No. 828 of 2017, which was dismissed on 09.11.2017, but the petitioner, without any fresh ground, has again moved the learned Court below for grant of anticipatory bail by filing A.B.P. No. 1196 of 2019 and the learned Sessions Judge, by the impugned order, dated
Patna High Court CR. MISC. No.10737 of 2020(4) dt.01-07-2020 2/2 04.11.2019, has held the same as not maintainable. Accordingly, I am of the view that there is no infirmity in the order impugned dated 04.11.2019 and the present application for grant of anticipatory bail, arising out of the order, dated 04.11.2019, is also not maintainable and the same is dismissed.
However, if the petitioner surrenders before the learned Court below and seeks regular bail, the same may be considered by the learned Court below on its own merits without being prejudiced by the rejection of the present application.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √