Shyam Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77134 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== 1.
SHYAM CHAUDHARY S/o Shibu Chaudhary R/o Vill - Sadipur, P.S. - Khizersarai, Dist - Gaya 2.
Shakunti Devi @ Sakuntala Devi W/o Shyam Chaudhary R/o Vill - Sadipur, P.S. - Khizersarai Dist - Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar, Advocate For the Opposite Party/s :
Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in a case in connection with Khizersarai P.S. Case No. 257 of 2023 dated 02.07.2023 for the offence/s punishable u/ss 147, 148, 149, 341, 323, 325, 307, 353, 332, 333 and section 45 of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, the petitioners and the coaccused persons are alleged to have indulged in creating nuisance in the discharge of the official duty of the police party and pelted
Patna High Court CR. MISC. No.77134 of 2023(2) dt.19-12-2023 2/3 stones.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. There is general and omnibus allegation against the petitioners. Learned counsel has further submitted that the petitioners were not present on the place of alleged occurrence. Local Chaukidar disclosed the name of the petitioners. The petitioners have no criminal antecedents as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioners. Learned Counsel has relied on the judgment of Full Bench of the Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76
(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners by submitting that the bar of Section 76(2) of the Act applies in this case.
7. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioners, in the event of their arrest/surrender within a
Patna High Court CR. MISC. No.77134 of 2023(2) dt.19-12-2023 3/3 period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Khizersarai P.S. Case No. 257 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T