Krishna Rai @ Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27335 of 2023 Arising Out of PS. Case No.-18 Year-2021 Thana- BANIAPUR District- Saran ====================================================== Krishna Rai @ Krishna Yadav Son Of Late Kukeshwar Rai Resident Of Village- Kamta Vavli, Ps- Baniapur In The Distt Of Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shiv Shankar Prasad Yadav For the Opposite Party/s :

Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and the State.

2. This is second anticipatory bail petition. Earlier, the petition, filed for grant of anticipatory bail on behalf of petitioner, stood rejected, vide order dated 26.4.2022, passed in Cr. Misc. No. 19468/2022 (annexure 1). Petitioner and other accused persons are alleged to have killed the lady by pressing her neck.

3. Learned counsel for the petitioner submits that petitioner was on duty in Haryana at the time of occurrence. Moreover, Co-accused, with similar allegation, has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide paragraph 11 of the bail petition.

4. Learned counsel for the State submits that no fresh ground or changed circumstances has been pressed by the petitioner for grant of privilege of pre-arrest bail.

5. In the facts of the case as well as in absence of any new ground and also 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 Anr reported

Patna High Court CR. MISC. No.27335 of 2023(4) dt.06-10-2023 2/2 in 2021 SCC OnLine SC 176, the second anticipatory bail on behalf of the petitioner is not maintainable. It is, accordingly, dismissed.

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