Patna High CourtCR. MISC./49257/2024dismissed

Amritesh Kumar @ Pappu v. The State Of Bihar

2024-08-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49257 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Amritesh Kumar @ Pappu son of Kailash Bhagat Village- Gopalpur Balkrishnapur Marwa PS-Vidyapati Nagar District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-08-2024 Heard the learned counsel for the parties.

2. This is the 2nd attempt of the petitioner. Earlier the Anticipatory bail application of the petitioner was rejected vide order dated 01.05.2024 passed in Cr. Misc. No. 27414 of 2024.

3. This is an application for grant of Anticipatory Bail to the petitioner, who apprehends his arrest in connection with Vidyapatinagar P.S. Case No. 173 of 2023 registered for the offences under Sections 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. The learned senior counsel for the petitioner; Shri Krishna Prasad Singh has vehemently argued the case but he has not been able to point out any changed circumstances for the second attempt of anticipatory bail.

Patna High Court CR. MISC. No.49257 of 2024(2) dt.31-08-2024 2/2

5. In view of judgment of the Hon'ble Supreme Court in the case of G.R. Ananda Babu vs. State of Tamil Nadu and Another reported in 2021 SCC OnLine SC 176, the second anticipatory bail application is not maintainable.

6. Accordingly, this second application for grant of Anticipatory Bail is hereby rejected.

7. The petitioner must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised.

8. If such a petition is filed in the court below for grant of bail, then the same may be considered on its own merit without being prejudiced by this order.

(Sandeep Kumar, J) Shishir/- U T