Patna High CourtCR. MISC./46680/2018dismissed

Prakash Kumar v. The State Of Bihar

2018-08-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46680 of 2018 Arising Out of PS.Case No. -14 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Prakash Kumar, son of Sri Ramashish Sao, resident of village- Puri, P.O.- Pawapuri, P.S.- Giriyak, District- Nalanda, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pratyush Kumar, Advocate For the Opposite Party/s : Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 08-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Warsaliganj P.S. Case No.14 of 2017 instituted for the offence under Section(s) 420, 467, 468, 471, 120-B Indian Penal Code, Section 10 of the Bihar Conduct of Examination Act and Section 66 of the Information Technology Act pending in the Court of the Additional Chief Judicial Magistrate, II, Nawada. Prayer of the petitioner for grant of anticipatory bail was earlier rejected by this Court by order dated 28.07.2017 passed in Cr. Misc. No.30540 of 2017.

This second anticipatory bail application has been filed on the ground that some of the co-accused have been granted anticipatory bail by this Court and co-ordinate Benches

Patna High Court Cr.Misc. No.46680 of 2018 (3) dt.08-08-2018 2/2 of this Court vide Annexure-3 series.

This Court after looking into the order dated 28.07.2017 passed in Cr. Misc. No.30540 of 2017 finds that the same has been passed on merit after due consideration of all the relevant facts and allegation against the petitioner. It further appears that after rejection of anticipatory bail of the petitioner by this Court on 28.07.2017, the petitioner has not surrendered in the Court below for about one year and has, again, filed this anticipatory bail application. In such circumstances, this Court is not inclined to entertain this second anticipatory bail application. Prayer of the petitioner for grant of anticipatory bail is, again, rejected.

(Sanjay Priya, J) JA/- U T