Gauhati High Court
Rattan Pathak @ Ratan Kumar Pathak vs The State Of Assam on 26 October, 2022
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/2
GAHC010166722022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2369/2022
RATTAN PATHAK @ RATAN KUMAR PATHAK
S/O LATE NAREN CHANDRA BAISHYA PATHAK
VILL- NAGARBERA
P.O. NAGARBERA
P.S. NAGARBERA
DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. R PHUKAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
26.10.2022 Heard Shri R. Phukan, learned Counsel for the petitioner, namely, Rattan Pathak @ Ratan Kumar Pathak who has filed this anticipatory bail application under Section 438 of the Cr.PC praying for pre-arrest bail in connection with Chaygaon PS Case No. 395/2022 registered under Sections 420/468 IPC.
Page No.# 2/2 Also heard Shri B. Sarma, learned Addl. PP, Assam.
This Court vide an earlier order dated 01.08.2021 had rejected the prayer for grant of anticipatory bail to the petitioner in AB Case No. 2059/2022. When this application was moved, it was noticed that no fresh grounds were take up requiring a consideration. Accordingly, on 05.09.2022, an additional affidavit has been filed wherein certain facts have been stated. A perusal of the said affidavit would reveal that though certain facts have been disclosed, those would not constitute any new grounds for grant of anticipatory bail. The facts projected may, at best, be taken up for evidence in the trial but would not be relevant for consideration of a second application for anticipatory bail after rejection of the first.
On the aforesaid facts and circumstances, this Court is not inclined to entertain this petition, more so when the initial order dated 01.08.2021 passed by this Court was a reasoned order.
Application accordingly stands rejected.
JUDGE Comparing Assistant