Munna Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.763 of 2019 Arising Out of PS. Case No.-652 Year-2018 Thana- TURKAULIYA District- East Champaran ======================================================

1. Munna Yadav and Anr son of Atma Prasad Yadav

2. Shayam Sunder Rai age 26 years M son of Yogendra Rai, Both Resident of Village - Gadariya, P.S.- Raghunathpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Turkauliya P.S. Case No. 652 of 2018, disclosing offences punishable under Sections 272, 273 and 34 of the Indian Penal Code, including Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In view of the nature of allegation, in my view, this anticipatory bail application of the petitioner cannot be maintained, there being bar under Section 72 of the Act. However, in view of the fact that the petitioners have been implicated in the case on the basis of the so-called disclosures made by some of the persons, whose even names

Patna High Court Cr.Misc. No.763 of 2019(2) dt.25-01-2019 2/2 have not been disclosed in the FIR, it is directed that if the petitioners surrender in the court below within four weeks from today and seek regular bail, their application for regular bail shall be considered and disposed of on the same day on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T