Shivdayal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47282 of 2025 Arising Out of PS. Case No.-393 Year-2024 Thana- HASPURA District- Aurangabad ====================================================== Shivdayal Chaudhary S/O Dinesh Chaudhary R/O Vill- Kodra, P.S.- Paligunj, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr. Adarsh Singh, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard Mr. Y. C. Verma, Learned Senior Counsel with Mr. Adarsh Singh, Advocate, for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Haspura P.S. Case No.393 of 2024, for the offence punishable under Section 137(2) of the BNS, 2023, which is pending before Addl. Sessions Judge-VI-cum- The special Exclusive Judge (POCSO), Aurangabad.

3. Learned senior counsel for the petitioner submits that this plea specifically taken in the pleading of the anticipatory bail filed before the Sessions Court that Section 137(2) of the BNS, 2023 is bailable in nature, but even then I.O. is adamant to arrest the petitioner.

Patna High Court CR. MISC. No.47282 of 2025(2) dt.30-07-2025 2/2

4. Counsel for the State raised preliminary objection and submits that section 137(2) of the BNS, 2023 imposed punishment of imprisonment upto 7 years, but in the BNS, it is bailable in nature and therefore, according to him, this anticipatory bail is not maintainable.

5. Hence, in the light of the above discussions, the present anticipatory bail application is hereby rejected as not maintainable with liberty to the petitioner to avail his remedy under law within 4 weeks.

(Dr. Anshuman, J.) Prakashmani/- U T