Patna High CourtCR. MISC./61688/2018dismissed

Rakesh Rai v. The State Of Bihar

2018-10-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61688 of 2018 Arising Out of PS.Case No. -286 Year- 2017 Thana -RIGA District- SITAMARHI ====================================================== Rakesh Rai, son of Ram Swarath Rai, resident of Village- Anahari, P.S. Riga, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s: Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 31-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Riga P.S. Case No.286 of 2017 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Sitamarhi. Prayer of the petitioner for grant of anticipatory bail was earlier rejected by this Court by order dated 05.04.2018 passed in Cr. Misc. No.9511 of 2018.

It appears that aforesaid order was passed by this Court after considering all the materials.

Counsel for the petitioner has submitted that he has renewed the prayer for bail because one of the accused of counter

Patna High Court Cr.Misc. No.61688 of 2018 (2) dt.31-10-2018 2/2 case has been granted anticipatory bail by a co-ordinate Bench of this Court.

This Court is not impressed with such argument as the fact of counter case is quite different from instant case. Earlier order was passed after looking all the aspects and materials.

Therefore, this Court is not inclined to reconsider the prayer of the petitioner for grant of anticipatory bail. This application is, accordingly, dismissed.

Petitioner is directed to surrender before the Court below within a period of six weeks and seek regular bail, which shall be considered and disposed off in accordance with law, preferably on the same day, without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T