Prahlad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24427 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- Ghogha District- Bhagalpur ====================================================== 1.
Prahlad Sah S/o Late Uttam Sah R/o Village- Kodwar, P.S.- Ghogha, Dist.- Bhagalpur 2.
Shubham Sah S/o Prahlad Sah R/o Village- Kodwar, P.S.- Ghogha, Dist.- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pramod Kumar Yadav S/o Late Jagdish Yadav R/o Village- Chhoti Olapur, P.S.- Ghogha, Dist.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh- Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad- A.P.P.
Mr. Md. Najmul Hodda- Advocate Mr. Saurav Kumar Singh- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Ghogha P. S. Case No.06 of 2025 for the offences punishable under Sections 316(2) and 318(2) of the B.N.S.
3. The learned APP Sri Chandra Bhushan Prasad, at the outset, submits that the offence 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 petitioners and the
Patna High Court CR. MISC. No.24427 of 2025(2) dt.02-05-2025 2/3 informant.
4. The learned counsel for the petitioners next submits that investigation in the case against the petitioners are still continuing, but then, the petitioners have not been given notice under Section 35 of the B.N.S.S. The learned A.P.P. submits that Section 35 of B.N.S.S. is akin to Section 41(1)(b) of the Cr.P.C.
5. It is next submitted that this Court considered the scope of Section 41(1)(b) Cr.P.C. by an order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). The learned APP thus submits that petitioners be directed to file a representation before the authority concerned under Section 35 of B.N.S.S.
6. In view of the submission made by the learned counsel for the parties, the anticipatory bail application is disposed of with a liberty to the petitioners 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 in terms of Section 35 of B.N.S.S. and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case shall strictly adhere to the provisions contained in Section 35 of B.N.S.S.
Patna High Court CR. MISC. No.24427 of 2025(2) dt.02-05-2025 3/3
7. Let a copy of this order be sent to the learned District and Additional Sessions Judge-1st, Bhagalpur for his perusal.
(Satyavrat Verma, J) vikash/- U T