Patna High CourtCR. MISC./54432/2019dismissed

Raju Chaudhary v. The State Of Bihar

2019-09-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54432 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

RAJU CHAUDHARY Son of Late Krishna Chaudhary Resident of VillageDariapur Bazar, P.S.- Dariapur, District- Saran at Chapra. 2.

Vinod Choudhary Son of Late Krishna Chaudhry Resident of VillageDariapur Bazar, P.S.- Dariapur, District- Saran at Chapra. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Dariapur P.S. Case No. 49 of 2019, disclosing offence under Sections 272 and 273 of the Indian Penal Code and Sections 30, 30(a), 33, 36 and 38 of Bihar Prohibition and Excise Act, 2016.

In view of the Full Bench decision of this Court in case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019(2) PLJR 1089 (F.B.), and the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this application for anticipatory bail cannot be maintained. This application is accordingly dismissed as not

Patna High Court CR. MISC. No.54432 of 2019(2) dt.02-09-2019 2/2 maintainable.

However, considering the fact that there is no recovery from the petitioners, it is directed that if the petitioners surrender before the Court below within four weeks from today and seek regular bail, their application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court, on the same day.

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