Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24060 of 2025 Arising Out of PS. Case No.-490 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== Rishu Kumar Son of Dashrath Ray Resident of Village - Behind Nalkup Bhawan, Kautilya Nagar, P.S.-Shastri Nagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Shastri Nagar P.S. Case No. 490 of 2023 for the offences punishable under Sections 379 and 411 of the Indian Penal Code. 3.

The learned APP, at the outset, submits that the offences 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 petitioner.

4.

The learned counsel for the petitioner submits that investigation in the case against the petitioner is continuing but then the petitioner has not been given notice under Section 41(1)

Patna High Court CR. MISC. No.24060 of 2025(2) dt.30-04-2025 2/3 (b) 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 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 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).

7.

At this stage, the learned counsel appearing on behalf of the petitioner submits that the learned district courts in mechanical manner, are rejecting the bail applications despite FIR being instituted with respect to the offence, which carries

Patna High Court CR. MISC. No.24060 of 2025(2) dt.30-04-2025 3/3 punishment of seven years and less.

8.

Let a copy of this order be sent to the learned ADJXIX, Patna, for her perusal. (Satyavrat Verma, J) SUMIT/- U T