← Library
Patna High CourtCR. MISC./37624/2023dismissed

Kamlesh Manjhi v. The State Of Bihar

2023-06-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37624 of 2023 Arising Out of PS. Case No.-53 Year-2022 Thana- GORIAKOTHI District- Siwan ====================================================== Kamlesh Manjhi Son of Lakhraj Manjhi, Resident of Village - Khagani, P.S. - Goreakothi, District - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Goreakothi P.S. Case No. 53 of 2022 registered for the offences punishable under Section 341, 323, 324, 307, 448, 379, 504, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier the petitioner has filed the anticipatory bail vide Cr. Misc. No. 56945 of 2022 which was dismissed as withdrawn on 12.12.2022 and the other co-accused has been granted bail vide order dated 12.12.2022 passed in Cr. Misc. No. 56945 of 2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that earlier the petitioner had approached

Patna High Court CR. MISC. No.37624 of 2023(2) dt.21-06-2023 2/2 this Hon'ble Court in Cr. Misc. No. 56945 of 2022 and the bail application of the petitioner was withdrawn on 12.12.2022 on the instance of learned counsel for the petitioner. The second anticipatory bail is not maintainable under the law. Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner in connection with Goreakothi P.S. Case No. 53 of 2022 pending in the court of learned Judicial Magistrate, 1st Class, Siwan. Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T