Patna High CourtCR. MISC./25139/2024disposed

Fantoosh Yadav @ Funtush Yadav v. The State Of Bihar

2024-07-05Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25139 of 2024 Arising Out of PS. Case No.-865 Year-2023 Thana- AMARPUR District- Banka ====================================================== Fantoosh Yadav @ Funtush Yadav S/o- Bahadur Yadav Resident of VillageMadachak, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Pandey, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024

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

2. The petitioner apprehends his arrest in connection with Amarpur P.S. Case No. 865 of 2023, dated 24.12.2023 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code, Rules 11, 41 and 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation & Storage) Rules, 2019 as well as Sections 4(1) and 21 of the Mines and Minerals (Development and Regulation) Act.

3. At the outset, learned counsel appearing on behalf of the Department of Mines submits that the offences for which the instant FIR has been instituted carry punishment of less than seven years.

4. The said submission of the learned counsel appearing

Patna High Court CR. MISC. No.25139 of 2024(3) dt.05-07-2024 2/2 on behalf of the Department of Mines is not disputed by the learned counsel appearing on behalf of the petitioner.

5. Learned counsel for the petitioner submits that the investigation of the case against the petitioner is still going on, on which learned counsel appearing on behalf of the Department of Mines 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 counsel appearing on behalf of the Department of Mines, 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.

(Satyavrat Verma, J) Kundan/- U T