Anoop Kumar Shrivastava @ Anup Kumar Srivastav @ Pankaj Kumar Srivastava @ Pankaj Kumar Srivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35786 of 2022 Arising Out of PS. Case No.-574 Year-2021 Thana- BEUR District- Patna ====================================================== 1.

ANOOP KUMAR SHRIVASTAVA @ ANUP KUMAR SRIVASTAV @ PANKAJ KUMAR SRIVASTAVA @ PANKAJ KUMAR SRIVASTAV Son of Neel Mani Shrivastava @ Neelmani Srivastav Resident of village - Kanakpur, P.S.- Dighwara, District - Chapra, Bihar presently resident of House of the Amit Sharan, I.O.C. Road, Sipara, P.S.- Beur, P.O.- Sipara, District and Town Patna, Bihar.

2.

Adarsh Kumar Shrivastava @ Adarsh Kumar Srivastav Son of Shiv Kumar Srivastav Resident of village - Kanakpur, P.S.- Dighwara, District - Chapra, Bihar presently resident of House of the Amit Sharan, I.O.C. Road, Sipara, P.S.- Beur, P.O.- Sipara, District and Town Patna, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Nath, Advocate Mr. Nimisha Shankar, Advocate Ms. Ranjeeta Sinha, For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-01-2023 Heard Mr. Ashutosh Nath, learned counsel for the petitioner and the State.

The petitioners apprehend their arrest in connection with Beur P.S. Case No. 574 of 2021 for the offence registered under Sections 302, 325 and 341/34 of the Indian Penal Code. As per the prosecution story, the informant alleged that his son used to do work in a Mobile Shop, went for the duty and later information was found that the owner of the said shop, Adarsh Kumar Srivastava and Anoop Kumar Srivastava @ Anup Kumar Srivastav @ Pankaj Kumar Srivastava @ Pankaj

Patna High Court CR. MISC. No.35786 of 2022(3) dt.16-01-2023 2/2 Kumar Srivastav (Petitioner nos. 1 &2) collectively caught hold of him and put him on fire, who was taken to the PMCH for treatment but succumbed to the burn injuries. In this case, case diary was called for by a co-ordinate Bench on 29.11.2022 which has since been received. Learned counsel for the petitioners has taken this Court to paragraph-136 of the case diary in which after investigation and supervision by the police including the City S.P. a direction has been given for submitting final form in the matter.

Learned counsel for the petitioners submit that in the light of the aforesaid facts, the petitioners for the present do not have any apprehension of being arrested and as such, he may be permitted to withdraw the petition with the liberty that if any such apprehension comes later, he shall be taking appropriate steps for grant of relief before the appropriate Court. Taking into account the aforesaid facts, the petition stands disposed of as infructuous.

(Rajiv Roy, J) Jagdish/Neha - U T