Sri Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26435 of 2020 Arising Out of PS. Case No.-390 Year-2018 Thana- MAHUA District- Vaishali ====================================================== Sri Ram Singh, male, S/o Paras Nath Kuwar, Resident of Village-Kariho, P.S.- Mahua, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Bal Mukund Pd. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-10-2020 Heard Ms. Bela Singh, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mahua P.S. Case No. 390 of 2018, dated 18.11.2018, instituted for the offences under Sections 30, 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

Paragraph 2 of bail application clearly states that

Patna High Court CR. MISC. No.26435 of 2020(2) dt.21-10-2020 2/2 the petitioner had earlier preferred an application vide Cr. Misc. No. 80066 of 2018, which was rejected on 31.01.2019.

Considering this aspect of the matter, I am not inclined to entertain the present petition for the second time. The petition is dismissed.

However, if the petitioner surrenders before the Court below and seeks regular bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) Praveen-II/- U T