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Patna High CourtCR. MISC./8104/2025disposed

Raudi Mukhiya v. The State Of Bihar

2025-03-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8104 of 2025 Arising Out of PS. Case No.-84 Year-2024 Thana- ROSERA District- Samastipur ====================================================== 1.

Raudi Mukhiya S/O GaneshI Mukhiya R/o - Kolhatta (Gonawaea), Ward No.18, P.S - Rosera, District - Samastipur, Bihar. 2.

Rajeev Mukhiya @ Rajeev Kumar S/O Shiv Shankar Mukhiya R/o - Kolhatta (Gonawaea), Ward No.18, P.S - Rosera, District - Samastipur, Bihar.

3.

Ram Kumar Paswan S/O Shiv Kant Paswan R/o - Kolhatta (Gonawaea), Ward No.18, P.S - Rosera, District - Samastipur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra- Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Rosera P. S. Case No.84 of 2024 for the offences punishable under Sections 341, 323, 324, 354(B) and 34 of the I.P.C.

3. The learned APP Sri Chandra Bhushan Prasad, at the outset, submits that the offence for which the instant FIR has been instituted, carries punishment of seven years and less, the said submission of the learned APP is not disputed by learned counsel appearing on behalf of the petitioners.

4. The learned counsel for the petitioners next submits that investigation in the case against the petitioners is still

Patna High Court CR. MISC. No.8104 of 2025(2) dt.06-03-2025 2/2 continuing, but then, the petitioners have not been granted the benefit of Section 41(A) of the Cr.P.C, on which the learned APP submits that the case be disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

5. In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

6. The petitioners would be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case, within a period of three weeks from today, with a web copy of the order dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the state of Bihar); and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Satyavrat Verma, J) vikash/- U T