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2021 Supreme(Jhk) 941

S.N.PATHAK
Mohammad Tosik @ Raja Babu – Appellant
Versus
State Of Jharkhand – Respondent


Advocates Appeared:
For the Appellant :Ms. Pinki Kumari, Advocate
For the Respondent: Mr. V.S. Sahay, APP.

ORDER :

1. Heard the parties.

2. Petitioner apprehends his arrest in connection with Petarwar P.S. Case No. 92 of 2020 (G.R. No. 677 of 2020) for the offence registered under Sections 147/ 149/ 337/ 352/ 353/ 504/ 188/ 269 of the IPC, pending in the Court of Sub-divisional Judicial Magistrate, Bermo at Tenughat.

3. Earlier the petitioner had moved this Court for grant of anticipatory bail in A.B.A. No. 4043 of 2020, which has been rejected vide order passed on 17.09.2020.

4. The sole contention of learned counsel for the petitioner is that after order dated 17.09.2020, similarly situated co-accused has been granted anticipatory bail in connection with same P.S. Case by a Co-ordinate Bench of this Court vide order dated 30.09.2020, passed in A.B.A. No. 4440 of 2020 and as such, petitioner deserves to be given the benefit of anticipatory bail.

5. Learned APP vehemently opposes the contention of learned counsel for the petitioner and submits that earlier the prayer of the petitioner for enlarging him on anticipatory bail was rejected by this Court and as such, he ought to have moved for regular bail by surrendering himself before the Court below as the second Anticipatory Bail Application

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