Patna High CourtCR. MISC./28203/2020dismissed

Bablu Kumar Singh v. The State Of Bihar

2020-12-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28203 of 2020 Arising Out of PS. Case No.-48 Year-2019 Thana- MUSRIGHRARI District- Samastipur ============================================== BABLU KUMAR SINGH S/o Banshi Prasad Singh Resident of VillageFatepur Nasi, Police Station-Musarigharari, District-Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr. Md. Aslam Ansari ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2020 Heard Mr. Pramod Kumar Singh, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Musarigharari P.S. Case No. 48 of 2019 dated 24.06.2019 instituted for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It appears that earlier the petitioner had preferred an application for anticipatory bail before this Court vide Criminal Miscellaneous No. 48790 of 2019 but the same was rejected by a co-ordinate Bench of this Court vide order

Patna High Court CR. MISC. No.28203 of 2020(2) dt.04-12-2020 2/2 dated 16.11.2019.

Though, learned counsel for the petitioner has tried to impress upon this court that during the course of investigation, certain mitigating circumstances in favour of the petitioner has surfaced but considering the fact that anticipatory bail of the petitioner was earlier rejected, I am not inclined to entertain the present petition. This petition for grant of anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, his case shall be considered on its on merit without being prejudiced by the fact that the present petition has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T