Patna High CourtCR. MISC./4040/2025disposed

Aakash Sah v. The State Of Bihar

2025-05-09Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4040 of 2025 Arising Out of PS. Case No.-652 Year-2023 Thana- KANKARBAG District- Patna ====================================================== Aakash Sah S/O Parmeshwar Prasad Resident of Mohalla- Vijay Nagar Patliputra Station Road- behind Shiv Mandir, Police Station- Rupaspur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar For the Opposite Party/s :

Mr. Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2025

1. Heard the learned counsel for the petitioner and the learned APP for the State Mr. Ravindra Kumar.

2. The petitioner apprehends his arrest in connection with Kankarbagh P.S. Case No.652/2023, registered for the offences punishable under Sections 448, 379, 506, 34 of the Indian Penal Code.

3. The learned APP at the outset submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries a punishment of less than 7 years. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner. The learned counsel for the petitioner further submits that the investigation in the case against the petitioner is still continuing but then the

Patna High Court CR. MISC. No.4040 of 2025(3) dt.09-05-2025 2/3 petitioner has not been given notice under Section 41(1)(b) Cr.P.C., on which, the learned APP submits that the case be disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

4. In view of the submission made by the learned APP the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

5. The petitioner would be at liberty to file a representation within a period of three weeks from today before the concerned Superintendent of Police of the district and the Investigating Officer of the case with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar) and the Superintendent of Police shall ensure that Investigating Officer of the case strictly adhere to the direction contained in the said order.

6. At this stage, the learned counsel for the petitioner submits that the learned District Court in mechanical manner rejects anticipatory bail application without appreciating the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

7. Let a copy of this order be sent to the learned

Patna High Court CR. MISC. No.4040 of 2025(3) dt.09-05-2025 3/3 District and Additional Sessions Judge-I, Patna for his perusal. (Satyavrat Verma, J) amit/- U T