Bablesh Kumar @ Bablesh Yadav vs The State Of Bihar
2021 Latest Caselaw 4073 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 16585 of 2020
       Arising Out of PS. Case No.-186 Year-2018 Thana- SIKANDRA District- Jamui
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Bablesh Kumar @ Bablesh Yadav, aged about 20 years, Male, Son of Ram Bilash Yadav, Resident of Village - Dharsanda, PS- Sikandara, District - Jamui.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the State : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ashok Kumar Jha, learned counsel for the

petitioner and Mr. Narsingh Tanti, learned Additional Public

Prosecutor (APP) for the State.

3. The petitioner apprehends arrest in connection with

Sikandra PS Case No. 186 of 2018 dated 15.08.2018, instituted

under Sections 147, 148, 341, 323, 307, 325 and 379/504 of the

Indian Penal Code.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by judgment and order dated

07.01.2020 passed in Cr. Misc. No. 83074 of 2019.

Patna High Court CR. MISC. No.16585 of 2020 dt.11-08-2021

5. Learned counsel for the petitioner submitted that

though the matter has been heard and dismissed on merits but

subsequent to the order of rejection, co-accused Mahesh Yadav

and Shyam Sundar Yadav, have been granted anticipatory bail by a

co-ordinate Bench by judgment and order dated 05.02.2020

passed in Cr. Misc. No. 75559 of 2019 and the petitioner is

similarly situated.

6. Learned APP submitted that the present petition is not

maintainable as on merits, the Court has considered and rejected

the prayer and grant of anticipatory bail to co-accused is not

germane for consideration of the present application.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds substance in the contention of leaned APP. On 07.01.2020,

the Court had considered the merits and then had declined to grant

pre-arrest bail to the petitioner. Thus, there being no change in the

circumstances, the Court does not find any occasion to review its

earlier order on merits, which has now attained finality.

8. For reasons aforesaid, the present petition stands

dismissed.

9. However, in view of submission of learned counsel

for the petitioner, it is observed that if the petitioner appears before Patna High Court CR. MISC. No.16585 of 2020 dt.11-08-2021

the Court below and prays for bail, the same shall be considered

on its own merits, in accordance with law, without being

prejudiced by the present order. It shall be open to the petitioner to

press all points, including the fact that similarly situated co-

accused have been granted anticipatory bail.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T