Md. Islam @ Md. Islam Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14135 of 2021 Arising Out of PS. Case No.-325 Year-2019 Thana- BRAHMPURA District- Muzaffarpur ====================================================== MD. ISLAM @ MD. ISLAM MISTRI S/o- Late Chana Mian, Resident of Village- Panapur Khurd, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-04-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State The petitioner apprehends his arrest in connection with Brahampur P.S. Case No. 325 of 2019 registered for offence punishable under sections 323, 341, 307, 379, 406 and 384/34 of the Indian Penal Code.

The xerox copy of case diary has been received seeking unconditional apology for delay in transmitting the case diary and it has also been mentioned by the Senior Superintendent of Police that stern action has been taken against the concerned Investigating Officer.

Patna High Court CR. MISC. No.14135 of 2021(5) dt.18-04-2022 2/2 At the very outset, the learned Additional Public Prosecutor has submitted that the notice has been served on the petitioner under section 41 (1) of the Code of Criminal Procedure and the petitioner, as per paragraph 81 of the case diary, has assured to comply the direction of the Investigating Authority.

The learned counsel for the petitioner has submitted that merely because the notice has been issued, it cannot be said that the anticipatory bail petition is not maintainable. As the notice has been issued, there is no apprehension of arrest. As such, the petitioner is directed to surrender before the court below and make a prayer for regular bail, it shall be disposed of without being prejudiced by this order.

With these observations, this criminal miscellaneous petition is being disposed of.

(Nawneet Kumar Pandey, J) Mahesh/- U T