Anil Kumar Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36001 of 2024 Arising Out of PS. Case No.-273 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Anil Kumar Nayak Son of Sri Ganga Ram Nayak Resident of MohallaSonghat Chowk Madhepur, Ward No.8, P.S.-Madhepur, Distt.-Madhubani (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13 For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024 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 Madhepur P.S. Case No. 273 of 2023 registered for the offences punishable under Sections 406, 420, 201 and 120(B) of the Indian Penal Code read with Section 7 of the E.C. At.

3. The learned counsel for the petitioner further submits that the investigation in the case against the petitioner is still continuing, bu then the petitioner has not been given the benefit of Section 41A of the Cr.P.C.

4. The learned counsel for the petitioner also submits that similarly situated co-accused, Shambhu Roy, has been granted the privilege of anticipatory bail by an order dated 13.05.2024 in Criminal Miscellaneous No. 33566 of 2024.

Patna High Court CR. MISC. No.36001 of 2024(4) dt.30-08-2024 2/2

5. The learned APP for the State submits that the offences for which the instant FIR has been instituted against the petitioner carries punishment of seven years or less, the said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner.

6. 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).

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 13-2-2024 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 the order dated 13-22024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Rishabh/- U T