Patna High CourtCR. MISC./36927/2020disposed

Shatrughan Mukhiya v. The State Of Bihar

2021-04-08Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36927 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Shatrughan Mukhiya, aged about 38 years, male, Son of Ram Prit Mukhiya. 2.

Mahesh Mukhiya, aged about 27 years, male, Son of Sangam Mukhiya. Both are resident of Village - Sangrampur Bin Toli, P.S.- Sangrampur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-04-2021 Mr. Dhurendra Kumar, learned Advocate for the petitioners seeks permission to withdraw this application with respect to petitioner No. 2, viz., Mahesh Mukhiya, who has been arrested.

Prayer is allowed.

The application with respect to petitioner No. 2 stands dismissed as withdrawn as having become infructuous.

Heard the counsel for the parties.

The petitioner No. 1 seeks bail in anticipation of his

Patna High Court CR. MISC. No.36927 of 2020(2) dt.08-04-2021 2/2 arrest in connection with Sangrampur P.S. Case No. 29 of 2020, dated 05.02.2020, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

Regard being had to the nature of accusation against petitioner No. 1, I am not inclined to grant anticipatory bail to him.

The prayer for grant of anticipatory bail of petitioner No. 1 is, accordingly, rejected.

However, if petitioner No. 1 surrenders before the Court below and seeks 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