Patna High CourtCR. MISC./33683/2019disposed

Chhotelal @ Shiv Manjhi v. The State Of Bihar

2019-08-08Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33683 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

CHHOTELAL @ SHIV MANJHI S/o Durga Manjhi R/o village- Vijay Hata, P.S.- Mahadeva O.P., Siwan, District- Siwan 2.

Arman Miyan S/o Bhola Miyan R/o village- Barahni, P.S.- Siwan Muffasil, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners in the present case are seeking anticipatory bail in connection with Siwan Muffasil (Mahadeva O.P.) P.S. Case No.96 of 2019 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that nothing has been recovered from the house of the petitioners and names of the petitioners have been involved in this case on the basis of the secret information.

Patna High Court CR. MISC. No.33683 of 2019(3) dt.08-08-2019 2/2 Learned APP for the State has however submitted that on perusal of paragraph 3 of the application it will appear that the petitioner no.1 is involved in two other cases of similar nature whereas petitioner no.2 has got one case of similar nature. It is submitted that these petitioners seem to be habitual offenders.

Considering the facts and circumstances of the case where this Court finds that these petitioners have got criminal antecedent of similar nature, this Court is not inclined to grant anticipatory bail to the petitioners.

This application is dismissed.

In case the petitioners surrender in the court below within a period of four weeks from today and pray for regular bail the same shall be considered on its own merit without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) arvind/- U T