Shyam Babu Rai @ Shyam Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.762 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Shyam Babu Rai @ Shyam Kumar Yadav, son of Late Dhanush Rai @ Late Dhanush Prasad Yadav, Resident of Village - Lalpur, P.S. - Runnisaidpur, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-06-2021 Heard Mr. N.K. Agrawal, the learned Senior Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Runisaidpur P.S. Case No. 74 of 2020, dated 16.02.2020, instituted for the offences under Sections 30(a), 30(g), 38(i)(ii) and 41 of the Bihar Prohibition and Excise Act, 2016.

Regard being had to the fact that the petitioner was earlier made accused in a case of similar nature, I am not inclined to exercise my discretion for granting

Patna High Court CR. MISC. No.762 of 2021(2) dt.24-06-2021 2/2 anticipatory bail to him.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, if the petitioner 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.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T