Bechan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28676 of 2025 Arising Out of PS. Case No.-30 Year-2024 Thana- Madanpur District- Araria ====================================================== Bechan Paswan S/o Late Dhunai Paswan Resident of village - Kanain, ward no. 13, P.S.- Madanpur, Distt.- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Most. Paviya Devi W/o Late Ramu Paswan R/o vill - Kanain, ward no. 13, P.S.- Mandanpur, Distt.- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2025

1. Heard the learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Madanpur P.S. Case No.30/2024, registered for the offences punishable under Sections 115(2), 352, 351(2), 76, 319(2), 318(4), 316(2) of the B.N.S. Act.

3. The learned APP at the outset submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries a punishment of 7 years and less. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner. The learned counsel for the petitioner further submits that the investigation in the case against the petitioner is still continuing but then the petitioner has not been given notice under Section 35 of the B.N.S.S.

Patna High Court CR. MISC. No.28676 of 2025(2) dt.07-05-2025 2/2

4. The learned APP at this stage submits that Section 35 B.N.S.S. is akin to Section 41(1)(b) Cr.P.C. It is next submitted that this Court considers the scope of Section 41(A) of the Cr.P.C. by an order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

5. The learned APP, thus submits that petitioner be directed to file a representation before the authority concerned in terms of Section 35 of the B.N.S.S.

6. After hearing the learned counsel for the parties, the anticipatory bail application is disposed of with a liberty to the petitioner 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 B.N.S.S. and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adhere to the provision contained in Section 35 B.N.S.S.

7. Let a copy of this order be sent to the learned 1st Additional Sessions Judge-cum-Special Judge, Araria for his perusal.

(Satyavrat Verma, J) amit/- U T