Ram Chandra Prasad @ Ramchandra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46634 of 2018 Arising Out of PS.Case No. -42 Year- 2017 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================
1. Ram Chandra Prasad @ Ramchandra Singh, son of late Chuman Lal Singh, resident of Village- Harhariya, Police Station- Terhagachi, District- Kishanganj, at present Revenue Karamchari, Gram Panchayat Andi, P.S. Asthawan, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Kishore Prasad, Advocate Mr. Rabindra Kumar, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Ashthawan P.S. Case No.42 of 2017 instituted for the offence under Section(s) 409, 403, 420, 467, 468, 471, 120-B Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, V, Nalanda at Biharsharif.
Prayer of the petitioner for grant of anticipatory bail was earlier rejected by this Court by order dated 12.10.2017 passed in Cr. Misc. No.39438 of 2017.
This second anticipatory bail application has been
Patna High Court Cr.Misc. No.46634 of 2018 (2) dt.08-08-2018 2/3 filed on behalf of the petitioner on the ground that some of the co-accused has been granted anticipatory bail by co-ordinate Bench of this Court subsequent to the order dated 12.10.2017 passed in Cr. Misc. No.39438 of 2017 by this Court. This Court after perusing the earlier order dated 12.10.2017 passed in Cr. Misc. No.39438 of 2017 finds that the said order has been passed on merit after taking into consideration the relevant materials in the case diary as well as allegation.
From perusal of the subsequent order dated 12.12.2017 passed in Cr. Misc.No.39833 of 2017 (Anneuxe-4) by a co-ordinate Bench of this Court, it appears that order dated 12.10.2017 passed by this Court in Cr. Misc. No.39438 of 2017 was not brought to the notice of the co-ordinate Bench, which passed order dated 12.12.2017 in Cr. Misc.No.39833 of 2017. This Court does not find any fresh ground to entertain this second anticipatory bail application. Prayer of the petitioner for grant of anticipatory bail is, again, rejected.
Petitioner is at liberty to surrender in the Court below and make prayer for regular bail, which will be considered and disposed off by the Court below in accordance with law without
Patna High Court Cr.Misc. No.46634 of 2018 (2) dt.08-08-2018 3/3 being prejudiced by this order.
(Sanjay Priya, J) JA/- U T