Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33054 of 2020 Arising Out of PS. Case No.-105 Year-2020 Thana- PUNPUN District- Patna ====================================================== RAUSHAN KUMAR, Son of Late Satendra Kumar Resident of Lodipur, P.S.- Punpun, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-03-2021 Heard Mr. Akhauri Kamal Kishore Sahay, 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 Special Case No. 3136 of 2020 (arising out of Punpun P. S. Case No. 105 of 2020), instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation in the F.I.R. is that excisable items were recovered from the house of the mother of the petitioner. The petitioner allegedly ran away from the place of raid.

Patna High Court CR. MISC. No.33054 of 2020(2) dt.09-03-2021 2/2 The mother of the petitioner had to go to jail whereafter she has been granted bail.

I am not inclined to grant anticipatory bail to the petitioner.

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 that one of the accused persons of this case, viz the mother of the petitioner, has already been granted bail and shall pass orders in accordance with law, without being prejudiced by the fact that the present petition has not been entertained by this Court. (Ashutosh Kumar, J) skm/- U T