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Patna High CourtCR. MISC./72318/2022bail rejected

Santosh Das @ Santosh Kumar v. The State Of Bihar

2022-12-21Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72318 of 2022 Arising Out of PS. Case No.-90 Year-2020 Thana- GADHPURA District- Begusarai ====================================================== SANTOSH DAS @ SANTOSH KUMAR S/o Hari Narayan Das R/vRanichak, P.S.- Garhpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Mrityunjaya Kr. Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2022 Heard Mr. Awnish Kumar, learned counsel for the petitioner and Dr. Mrityunjaya Kumar Gautam, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Sessions Trial No. 620 of 2021 arising out of Gadhpura P.S. Case No. 90 of 2020 registered for the offences punishable under Sections 376, 384, 504, 506 and 509/34 of the Indian Penal Code 1860.

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 22.3.2022 passed in Cr. Misc. 65185 of 2021.

The petitioner has renewed his prayer for bail within one year from the date of last rejection. The bail application of

Patna High Court CR. MISC. No.72318 of 2022(3) dt.21-12-2022 2/2 the petitioner was rejected on merit vide order dated 22.3.2022 passed in Cr. Misc. 65185 of 2021 without giving any liberty to the petitioner to renew his prayer within stipulated time limit. Only ground on which the petitioner has renewed his prayer for bail is that the co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 12.7.2022 passed in Cr. Misc. 31432 of 2021.

In my opinion, the grant of bail subsequent to the rejection of the bail application of the petitioner by this Court has no consequence.

Accordingly, this application stands dismissed. However, the petitioner may renew his prayer for bail after six months if the trial does not show any progress. (Anil Kumar Sinha, J) S.Ali/- U T