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Patna High CourtCR. MISC./82899/2024bail rejected

Shrawan Manjhi @ Shravan Kumar @ Sarwan Manjhi v. The State Of Bihar

2024-12-04Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82899 of 2024 Arising Out of PS. Case No.-746 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Shrawan Manjhi @ Shravan Kumar @ Sarwan Manjhi Son of Rajendra Manjhi Resident of Mohalla - Jiaulhaque Colony @ Jajiul Colony, Naya Tola, Police Station - Agamkuan, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-12-2024 Heard Mr. Aryan Singh, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned APP.

2. The petitioner is in judicial custody in connection with Special Case No. 5243 of 2021 arising out of Agamkuan P.S. Case No. 746 of 2021 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 25.08.2021 by the informant, Mukesh Kumar.

3. As per the prosecution story, the informant alleged that on 25.08.2021, during patrolling conducted a raid and there is recovery/seizure of 70 litres of country made liquor. Accordingly, the FIR/arrest.

4. Learned counsel for the petitioner submits that though he has fifteen criminal antecedents under his belt, most of them relating to the same offence, the fact remains that in

Patna High Court CR. MISC. No.82899 of 2024(2) dt.04-12-2024 2/2 most of the cases, he has been implicated.

5. Learned APP, on the other hand, submits that the FIR is of the year 2021 and a perusal of the criminal antecedent would show that most of the cases are of the year 2021, the petitioner evaded arrest and only after his fresh crime in the present in the year 2024 that he was apprehended on 19.08.2024 and as such, he does not deserve bail.

6. Considering the submissions put forward by the parties as also the fact that petitioner has fifteen criminal antecedents, this FIR is of the year 2021, he never considered himself to surrender before the court concerned, only after his fresh implication in the year 2024, he came into judicial custody, in that background, no relief can be granted to the petitioner.

7. The bail petition stands rejected.

(Rajiv Roy, J) perwez U T