Patna High CourtCR. MISC./32533/2020dismissed

Praveen Kumar Thakur @ Praveen Thakur v. The State Of Bihar

2021-02-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32533 of 2020 Arising Out of PS. Case No.-168 Year-2017 Thana- SINGHWARA District- Darbhanga ====================================================== PRAVEEN KUMAR THAKUR @ PRAVEEN THAKUR S/o Bhubneshwar Thakur R/o village- Lakhanpur, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Parasmani, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-02-2021 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Singhwara P.S. Case No. 168 of 2017 dated 17.09.2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition of Excise Act. The petitioner has not been named in the FIR and it has been submitted on his behalf that he has falsely been implicated in this case.

In support of the aforesaid contention, learned counsel for the petitioner has submitted that earlier also he was made accused in two other cases of similar nature but considering the falsity of the allegation in those cases, he was granted anticipatory bail.

Patna High Court CR. MISC. No.32533 of 2020(2) dt.19-02-2021 2/2 However, considering the fact that there are two cases of similar nature against the petitioner, I am not inclined to grant anticipatory bail to him. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below and seeks bail, the court below shall take into account all the necessary facts including that he has not been named in the FIR and that he is on anticipatory bail in the two cases in which he was earlier made accused and shall pass orders in accordance with law without being prejudiced by the fact that the present petition has not been entertained.

(Ashutosh Kumar, J) krishna/- U T