Patna High CourtCR. MISC./13931/2025disposed

Seraj Ahmad v. The State Of Bihar

2025-05-13Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13931 of 2025 Arising Out of PS. Case No.-425 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Seraj Ahmad S/O Md. Abulaish Resident of mohalla- Naukatola at and P.S. - Raxol, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Sinha, Sr. Advocate Mr. Ravi Shankar, Advocate Mr. Bhola Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 425 of 2024, dated 22.06.2024 registered for the offences punishable under Sections 406, 420 and 379 of the Indian Penal Code.

3. Learned A.P.P., at the outset, submits that the offences for which the instant FIR has been instituted carry punishment of seven years and less.

4. The said submission of the learned A.P.P. for the State is not disputed by the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the informant.

Patna High Court CR. MISC. No.13931 of 2025(4) dt.13-05-2025 2/3

5. Learned counsel appearing on behalf of the petitioner submits that the investigation of the case against the petitioner is still continuing but then the petitioner has not been issued notice under Section 41(1)(b) of the Cr.P.C. on which learned A.P.P. submits that the anticipatory bail application be disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

6. In view of the aforesaid submissions made by the learned A.P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

7. The petitioner 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 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the said order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

8. At this stage, learned counsel appearing on behalf

Patna High Court CR. MISC. No.13931 of 2025(4) dt.13-05-2025 3/3 of the petitioner submits that the learned District Courts in mechanical manner are rejecting the anticipatory bail application without appreciating the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

9. Let a copy of this order be communicated to the learned Additional Sessions Judge-11, West Champaran at Bettiah for his perusal.

(Satyavrat Verma, J) Kundan/- U T