Raj Kishore Prasad @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43225 of 2023 Arising Out of PS. Case No.-2154 Year-2016 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RAJ KISHORE PRASAD @ MUNNA SON OF LATE GANESH SAH RESIDENT OF VILLAGE- BISATIPATTI, PS- MOTIHARI NAGAR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

BRAJ KISHORE CHOUDHARY @ BRIJ KISHORE CHOUDHARY SON OF LATE RAMDARASH CHOUDHARY RESIDENT OF VILLAGERAMGARHWA, TOLA- BAHARWA, PS- MOTIHARI MUFFASIL, DISTRICT- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard the parties.

2. Petitioner apprehends his arrest in connection with Complaint Case No. C-2154 of 2016, registered for the offence u/s 420 of the Indian Penal Code.

3. Earlier, the bail application of the petitioner was rejected by a co-ordinate Bench of this Court vide order dated 10.05.2019 passed in Cr. Misc. No.29664 of 2019.

4. Learned APP for the State oppose the prayer for grant of bail and relied upon the 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, in which it is

Patna High Court CR. MISC. No.43225 of 2023(3) dt.28-08-2023 2/2 held that second anticipatory bail application is not maintainable.

5. Considering the ratio laid down in judgment of the Hon'ble Supreme Court in the case of G.R. Ananda Babu supra, I am not inclined to entertain this second anticipatory bail.

6. It is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T