Patna High CourtCR. MISC./37392/2024bail granted

Salman v. The State Of Bihar

2024-08-07Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37392 of 2024 Arising Out of PS. Case No.-139 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Salman son of Serajuddin R/o Village- Nasirpur, P.S.- Chandauti, Dist.- Gaya 2.

Md. Serajuddin @ Serajuddin Son of Late Quasim Mian R/o VillageNasirpur, P.S.- Chandauti, Dist.- Gaya 3.

Md. Altamash Son of Gheyasuddin R/o Village- Nasirpur, P.S.- Chandauti, Dist.- Gaya 4.

Md. Ahmad Raza @ Raja Son of Gheyasuddin R/o Village- Nasirpur, P.S.- Chandauti, Dist.- Gaya 5.

Md. Miraz @ Mirajuddin Son of Late Quasim Mian R/o Village- Nasirpur, P.S.- Chandauti, Dist.- Gaya 6.

Md. Minhaj @ Minhaj son of Birju Mian @ Mirajuddin R/o VillageNasirpur, P.S.- Chandauti, Dist.- Gaya 7.

Md. Shahzad Son of Birju Mian @ Mirajuddin R/o Village- Nasirpur, P.S.- Chandauti, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Ms. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel for the petitioners submits that defect nos. 2 and 3, as pointed out by the office, has been removed. The defect no. 1 is hereby ignored.

3. The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Chandauti

Patna High Court CR. MISC. No.37392 of 2024(2) dt.07-08-2024 2/3 P.S. Case No. 139 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 337, 338, 308, 504 and 506 of the Indian Penal Code. It is further submitted that the investigation in the case against the petitioners is still continuing, but then they have not been given the benefit of Section 41A of the Cr.P.C.

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

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 petitioners 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

Patna High Court CR. MISC. No.37392 of 2024(2) dt.07-08-2024 3/3 strictly adheres to the directions contained in the the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Rishabh/- U T