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Patna High CourtCR. MISC./83477/2023bail rejected

Binod Kumar @ Binodkumar Saw @ Binod Kumar Sah v. The State Of Bihar

2024-01-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83477 of 2023 Arising Out of PS. Case No.-67 Year-2021 Thana- KHARHAGPUR District- Munger ====================================================== Binod Kumar @ Binodkumar Saw @ Binod Kumar Sah Son of Late Shiv Nath Sah R/o vill - Tarapur More, P.s. - Khargpur, Distt. - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Munish Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in connection with Haveli Kharagpur P.S. Case No.67 of 2021, registered for the offence punishable u/s 420, 201 of IPC and 23, 26, 27, 28, 30 of the Bihar Clinical Establishment Registration and Regulation Rule 2013 and 27 (b) (ii), 28, 28(A), 36(AC) of the Drug and Cosmetics Act, 1940.

3. Earlier, vide order dated 10.01.2022 passed in Cr. Misc. No.60465 of 2021, the bail application of the petitioner was rejected by a co-ordinate Bench of this Court.

4. The petitioner has now filed this second application for bail.

5. Having gone through the submissions of the parties and

Patna High Court CR. MISC. No.83477 of 2023(2) dt.09-01-2024 2/2 on perusal of the bail application and also considering the view of the recent decision of the Supreme Court in the case of G.R. Ananda Babu vs. State of Tamil Nadu and Another reported in 2021 SCC Online SC 176, I find that there is no bar to file a second anticipatory bail application in the criminal proceedings, as such, the prayer for bail is rejected.

6. Accordingly, the instant bail application is not maintainable. It is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T