Patna High CourtCR. MISC./18487/2016dismissed

Shambhu Bihari @ Shambhu Lal Bihari v. State Of Bihar And ANR

2016-11-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18487 of 2016 Arising Out of PS.Case No. -47 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Shambhu Bihari @ Shambhu Lal Bihari Son of Uma Bihari Singh resident of Mohalla - West Dighi Talab, P.S. Civil Lines, District - Gaya .... .... Petitioner

Versus

1. The State of Bihar

2. Gudiya Devi W/o Shambhu Bihari, D/o Late Brij Kishore Prasad at Present Residing at Murli Hill Pahari, P.S. Kotwali, District - Gaya .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Singh Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

29-11-2016 Heard Sri Birendra Singh, learned counsel, who was assisted by Sri Sanjay Kumar Sharma, learned counsel for the petitioner and Sri Sanjay Kumar, learned Addl. Public Prosecutor. This is the 2nd attempt for grant of anticipatory bail on behalf of petitioner. Earlier, the petitioner had approached this Court for grant of anticipatory bail, vide Cr. Misc. No. 18900 of 2015, which stood dismissed as withdrawn on 14-09-2015 by an order passed by Hon'ble Mr. Justice Mihir Kumar Jha (as he then was). While dismissing the petition, this Court had also directed for vacating interim order dated 18-06-2015. After lapse of several months, the petitioner has approached this Court again for grant of anticipatory bail.

Patna High Court Cr.Misc. No.18487 of 2016 (4) dt.29-11-2016 2/2 Keeping in view the fact that once after grant of interim order, subsequently the petition for grant of anticipatory bail was dismissed as withdrawn, certainly at subsequent stage, 2nd anticipatory bail petition may not be entertained. The petition stands dismissed.

Learned court below is directed to examine as to under what circumstances, once his prayer for anticipatory bail was rejected long back, still he is at large. Let a copy of this order be sent to the court below forthwith.

(Rakesh Kumar, J.) Anay U T