Patna High CourtCR. MISC./53635/2021bail rejected

Surendra Paswan v. The State Of Bihar

2021-10-27Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53635 of 2021 Arising Out of PS. Case No.-218 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== SURENDRA PASWAN SON OF RAJ KUMAR PASWAN R/O VILLAGEBARDIH, P.S.- IMAMGANJ, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-10-2021 Heard Mr. Mukesh Kumar, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Daudnagar P.S. Case No. 218 of 2020 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 14.6.2021 passed in Cr. Misc. 40363 of 2020.

Learned counsel for the petitioner submits that in view of the fact that similarly situated co-accused persons from whose possession the looted money has been recovered, have

Patna High Court CR. MISC. No.53635 of 2021(3) dt.27-10-2021 2/2 been granted bail by co-ordinate Benches of this Court in Cr. Misc. 4464 of 2021 and 15962 of 2021 on 5.7.2021 and 22.9.2021 respectively. As such, the petitioner has renewed his prayer for bail within a period of three months from the date of rejection by this Court.

Regards being had to the submission made by the petitioner and the fact that this Court after going through the material on record and the prima facie evidence available against the petitioner had rejected the bail application of the petitioner on merit on 14.6.2021, but the petitioner immediately within three months has renewed his prayer for bail. Since the bail application of the petitioner was rejected earlier on merit, I am not inclined to entertain the second bail application of the petitioner on the ground that subsequent to the rejection of bail application of the petitioner by this Court, similarly situated accused persons have been granted bail by the Co-ordinate Benches.

Accordingly, the prayer for bail of the petitioner stands rejected.

(Anil Kumar Sinha, J) S.Ali/- U T