Shiv Mangal Rai @ Sumangal Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.765 of 2021 Arising Out of PS. Case No.-79 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Shiv Mangal Rai @ Sumangal Kumar Rai, S/o Ramjee Rai, R/o villageManpura, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-06-2021 Heard Mr. Ramakant Sharma, 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 Mahua P.S. Case No. 79 of 2020, dated 14.02.2020, instituted for the offences under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Notwithstanding the fact that the petitioner has been named by an arrested accused person, I am not inclined to exercise my discretion for grant of anticipatory

Patna High Court CR. MISC. No.765 of 2021(2) dt.24-06-2021 2/2 bail to him as he has been made accused in cases of similar nature in the past.

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