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Patna High CourtCR. MISC./31188/2022dismissed

Dhananjay Giri @ Prdeep Giri @ Pradeep Kumar Giri v. The State Of Bihar

2022-06-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31188 of 2022 Arising Out of PS. Case No.-475 Year-2020 Thana- GOVINDGANJ District- East Champaran ====================================================== Dhananjay Giri @ Prdeep Giri @ Pradeep Kumar Giri, S/o Harendra Giri, Resident of Village - Bhada Giri Tola, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-06-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This is the second attempt on behalf of the petitioner for grant of anticipatory bail in connection with Govindganj P.S. Case No. 475 of 2020 registered under Sections 272/273/34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition & Excise Act.

The only reason for filing this second anticipatory bail application is that co-accused of this case was granted bail vide order dated 30.07.2021 passed in Criminal Miscellaneous No. 34834 of 2021.

The first anticipatory bail application of the

Patna High Court CR. MISC. No.31188 of 2022(2) dt.22-06-2022 2/2 petitioner was rejected by this Court on 10.12.2021 after considering the aforesaid order dated 30.07.2021. Considering the aforesaid facts and in view of recent decision of the Supreme Court in the case of G.R. Ananda Babu vs. State of Tamil Nadu and Another reported in 2021 SCC OnLine SC 176, this second anticipatory bail application is not maintainable. It is accordingly, dismissed. If the petitioner surrenders in the Court below within a period of four weeks from today and seeks regular bail, the Court below shall consider and decide the same in accordance with law without being influenced by the present order.

(Sandeep Kumar, J) pawan/- U