Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68262 of 2022 Arising Out of PS. Case No.-849 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

KRISHNA SINGH S/O Late Chandradeo Singh Resident of Yadupati Lane, Banaras Bank Chowk, Muzaffarpur, P.S- Muzaffarpur Town, DistrictMuzaffarpur 2.

Laxmi Devi W/O Sri Krishna Singh Resident of Yadupati Lane, Banaras Bank Chowk, Muzaffarpur, P.S- Muzaffarpur Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-04-2023 Heard the learned counsel for the petitioners as well as the learned counsel for the informant.

The anticipatory bail petition of the petitioners was rejected vide order dated 02.11.2021, on the basis of decisions of Hon'ble the Supreme Court in Prem Shankar Prasad Vs. State of Bihar & Anr. And State of Madhya Pradesh Vs. Pradeep Sharma, (2014) 2 SCC 171 as the process under Section 82 and 83 of the Cr.P.C. has been issued.

The learned counsel for the petitioners has submitted that he has filed the present anticipatory bail petition on the fresh ground that he has challenged the order whereby the process under Section 82 of the Cr.P.C. was issued and that

Patna High Court CR. MISC. No.68262 of 2022(5) dt.19-04-2023 2/2 order has been stayed by the coordinate Bench of this Court in Cr. Misc. No. 24336/2021 vide order dated 01.09.2022. On the other hand, the learned counsel for the informant has submitted that vide order dated 02.11.2021, the anticipatory bail petition of the petitioners and co-accused Supriya Devi (Cr. Misc. No. 15748 of 2019) was also rejected on the similar ground. Against that order, Supriya Devi preferred SLP No. 9944 of 2021, before the Hon'ble the Supreme Court and Hon'ble the Supreme Court dismissed the SLP on 05.01.2022. As such, in the light of order of Hon'ble the Supreme Court, the petitioners are not entitled for grant of anticipatory bail.

Considering the above-mentioned, this criminal miscellaneous petition is dismissed.

(Nawneet Kumar Pandey, J) SONALI/- U T