Patna High CourtCR. MISC./19863/2024disposed

Md. Aslam v. The State Of Bihar

2024-09-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19863 of 2024 Arising Out of PS. Case No.-226 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Md. Aslam SON OF Late Md. Ali RESIDENT OF VILLAGEBARAHPURA MEER FHEKU LANE, PS- ISHAKCHAK, DISTTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Mandal For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing on behalf of the Opposite Party no. 2.

2. The petitioner apprehends his arrest in connection with Isakchak P.S. Case No. 226 of 2023 for the offence registered under Sections 406 and 420 of the Indian Penal Code.

3. Learned APP for the State at the outset submits that the offences for which the instant FIR has been instituted carries punishment of less than seven years. The said submission of learned APP is not disputed by the learned counsel appearing on behalf of the petitioner and the informant.

4. Learned counsel for the petitioner further submits

Patna High Court CR. MISC. No.19863 of 2024(3) dt.11-09-2024 2/2 that investigation in the case against the petitioner is still continuing but then the petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which learned APP submits that anticipatory bail application be disposed of in terms of order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

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

6. The petitioner would be at liberty to file 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 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 order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024. (Satyavrat Verma, J) Jagdish/- U T