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Patna High CourtCR. MISC./85065/2019dismissed

Anwar @ Anwar Alam v. The State Of Bihar

2020-03-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85065 of 2019 Arising Out of PS. Case No.-285 Year-2016 Thana- KISHANGANJ District- Kishanganj ====================================================== ANWAR @ ANWAR ALAM Son of Late Amir Hamza Resident of Village - Bheriya Dangi, P.S.- Kisanganj in the District of Kisanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kisanganj P.S. Case No. 285 of 2016 registered under Sections 341, 323, 324 and 504/34 of the I.P.C. pending in the Court of C.J.M., Kisanganj.

Earlier prayer of the petitioner for bail was rejected on merit by this Court vide order dated 18.12.2018 (Annexure-1) passed in Cr. Misc. No. 52713 of 2018.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case due to oblique motive. Petitioner has no criminal antecedent.

Learned A.P.P. appearing on behalf of the State

Patna High Court CR. MISC. No.85065 of 2019(2) dt.04-03-2020 2/2 vehemently opposed the prayer of the petitioner by contending that the petitioner's prayer for bail was earlier considered and rejected on merit and petitioner has filed the present bail application without there being any fresh ground. Having considered the facts and circumstances of the case and the submissions advanced on behalf of the parties and the fact that there is no fresh ground for re-consideration of the prayer for bail of the petitioner, this Court is not inclined to grant the privilege of anticipatory bail to this petitioner. His prayer for bail is, accordingly, rejected.

However, petitioner is directed to surrender before the Court below within a period of four weeks from today. (Arvind Srivastava, J) shailendra/- U T