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Patna High CourtCR. MISC./59107/2022disposed

Shahil Rayeen @ Bhawani @ Bhawani Rayeen v. The State Of Bihar

2022-11-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59107 of 2022 Arising Out of PS. Case No.-589 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Shahil Rayeen @ Bhawani @ Bhawani Rayeen Son Of Badaruddin Rayeen @ Badarudeen Rain R/O Village- Bhabhua, Ward No. 10, P.S.- Bhabua, District- Kaimur At Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gyanendra Kumar Shukla, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2022 The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Excise Case No. 873 of 2019 arising out of Bhabua P.S. Case No. 589 of 2019 for the offence punishable under Sections 302/120(B)/34 of the Indian Penal Code, Sections 27, 25(1-b)a, 26 of the Arms Act and Section 37(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

At the outset, the learned counsel for the petitioner submits that since the prayer of the petitioner for grant of bail was rejected by the learned court below by an order dated 01.02.2020 and thereafter, the petitioner had approached this Court by filing a petition bearing Cr. Misc. No. 16587 of 2020 for grant of regular bail, which had stood dismissed by this

Patna High Court CR. MISC. No.59107 of 2022(2) dt.09-11-2022 2/2 Court by an order dated 07.12.2021and thereafter, the petitioner has not approached the learned court below for consideration of his prayer for grant of regular bail afresh and has instead moved this Court directly, the petitioner be granted liberty to approach the learned court below, so that his prayer for grant of regular bail can be considered afresh on merits in view of the changed circumstances, which the petitioner would be urging before the learned court below.

Accordingly, the present petition stands disposed off as not pressed, however, with liberty to the petitioner to approach the learned court below for grant of regular bail. (Mohit Kumar Shah, J) Tiwary/Saurav U T