Shubham @ Aman Kumar @ Kaju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40128 of 2020 Arising Out of PS. Case No.-235 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== SHUBHAM @ AMAN KUMAR @ KAJU Son of Shiv Kumar Rai Resident of Village - Daniyalpur, P.S. - Teghra, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-06-2021 Heard Mr. Anil Kumar Choudhary, learned advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Teghra P. S. Case No. 235 of 2020, instituted for the offences under Sections 414 and 120 (B) of the Indian Penal Code and Section 30 (a), 41(1)

(2) of the Bihar Prohibition and Excise Amendment Act, 2018.

Considering the fact that the petitioner was earlier made an accused in case of similar nature, I am not inclined to grant anticipatory bail to him notwithstanding the

Patna High Court CR. MISC. No.40128 of 2020(2) dt.09-06-2021 2/3 fact that his implication in the present case is only on the basis of confession of an arrested accused person. The learned counsel for the petitioner has also pointed out before this Court that with respect to the same occurrence, another case of Excise Act was registered against him vide Barauni P.S. Case No. 305 of 2020 and, therefore, the aforesaid case ought not to be taken as a separate case for denying the privilege of anticipatory bail to the petitioner.

This argument of the learned counsel for the petitioner is not tenable for the reason that apart from Barauni P.S. Case No. 305 of 2020 about which reference has been made in paragraph - 3 of the bail petition and the subject F.I.R, the petitioner has also been made accused in another case of the year 2018, namely, Teghra P.S. Case No. 208 of 2019.

The prayer for anticipatory bail of the petitioner is rejected.

However, if the petitioner surrenders before the court below and seeks bail, his application shall be

Patna High Court CR. MISC. No.40128 of 2020(2) dt.09-06-2021 3/3 considered on its own merits without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T