Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59199 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== RAJA KUMAR, Son of Awadhesh Prasad Singh @ Awadhesh Kumar Resident of Village - Chakhabib, P.S. - Bibhutipur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-01-2022 Heard Mr. Mritunjay Kumar, learned advocate for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Bibhutipur / Vibhutipur P. S. Case No. 167 of 2020, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Though the petitioner has been made accused in this case on the basis of confession and one of the accused persons of this case has been granted anticipatory bail by this Court, but so far as the petitioner is concerned he was made accused in a case

Patna High Court CR. MISC. No.59199 of 2021(2) dt.21-01-2022 2/2 of similar nature in the past.

Taking this into account, I am not inclined to grant anticipatory bail to him.

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 the fact that some of the accused persons of this case has been granted anticipatory bail, and shall pass order in accordance with law, without being prejudiced by the fact that the present petition on behalf of the petitioner has not been entertained by this Court.

(Ashutosh Kumar, J) skm/- U T