Patna High CourtCR. MISC./73348/2024bail rejected

Pankaj Kumar Yadav v. The State Of Bihar

2024-10-05Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73348 of 2024 Arising Out of PS. Case No.-421 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Pankaj Kumar Yadav, Son Of Manik Yadav, R/O Vil.- Chhaon, P.S.- Durgawati, Dist.- Bhabua At Kaimur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar Seth For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in Bhabhua Excise P. S. Case No.421 of 2024 registered for the offences punishable under Sections 30(a) and 32(3) of the Excise Act.

3. The learned counsel for the petitioner submits that petitioner had earlier moved this Court seeking anticipatory bail application by filing Cr. Misc No.57967 of 2024 and the same was allowed by an order dated 08.08.2024 with a condition that before accepting the bail bonds of the petitioner, the learned trail Court shall verify his criminal antecedent.

Patna High Court CR. MISC. No.73348 of 2024(2) dt.05-10-2024 2/3

4. The learned counsel for the petitioner submits that petitioner was also implicated in Durgawati P. S. Case No.64 of 2024 dated 11.03.2024, but then, petitioner was not aware of his involvement as he was not named in the said FIR. It is next submitted that when order dated 08.08.2024 in Cr. Misc. No.57967 of 2024 was communicated to the learned trial Court, thereafter the learned trial Court called for the antecedent report of the petitioner when it transpired that petitioner has antecedent of one case i.e. Durgawati P. S. Case No. 64 of 2024, as such, the petitioner has again moved this Court by filing the instant application seeking anticipatory bail.

5. Learned A.P.P. opposes the anticipatory bail application and submits that petitioner was granted the privilege of anticipatory bail by order dated 08.08.2024 in Cr. Misc. No.57967 of 2024 and the last date of surrender was 19.09.2024. The learned A.P.P. next submits that petitioner must have come to know about Durgawati P. S. Case No.64 of 2024 prior to 19.09.2024, as such, he ought to have moved this Court at the earliest, but then, it appears that the petitioner has filed the instant application on

Patna High Court CR. MISC. No.73348 of 2024(2) dt.05-10-2024 3/3 26.09.2024 i.e. after the last date of surrender had elapsed.

6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of second anticipatory bail to the petitioner.

7. The prayer of the petitioner for second anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T