Patna High CourtCR. MISC./32759/2024disposed

Binay Kumar v. The State Of Bihar

2024-05-09Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32759 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Binay Kumar SON OF Ram Bishun Yadav @ Ram Bishun Prasad Yadav RESIDENT OF MOHALLA - PRATAPPUR, P.S.- MEHANDIGANJ, DISTPATNA AT PRESENT KRISHNOTA TOLA BAIKATHPUR, P.S. - KHUSHRUPUR, DIST- PATNA 2.

RANJEET KUMAR SON OF AWADHESH SINGH @ KHIRU SINGH R/O VILLAGE - KAYAMPUR, P.S. - KHUSHRUPUR, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amaresh Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2024

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

2. The petitioners apprehend their arrest in connection with Khushrupur P.S. Case No. 240 of 2023, dated 12.06.2023 registered for the offences punishable under Sections 384, 504 and 506/34 of the Indian Penal Code as well as Section 27 of the Arms Act.

3. Learned counsel for the petitioners submits that the investigation of the case against the petitioners is still going on.

4. Learned A.P.P. for the State, at the outset, submits that the offences for which the instant FIR has been instituted carry punishment of less than seven years. It is further submitted that though the case is instituted under the Arms Act but then from

Patna High Court CR. MISC. No.32759 of 2024(2) dt.09-05-2024 2/2 perusal of the provision of Section 27 of the Arms Act, it would manifest that in the nature of allegation as alleged the punishment is less than seven years to which learned counsel appearing on behalf of the petitioners also agrees. As such, learned A.P.P. submits that the anticipatory bail application be disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

5. In view of the aforesaid submissions made by the learned A.P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024.

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 13.02.2024 in Cr. Misc. No. 3536 of 2024 and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the said order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024.

(Satyavrat Verma, J) Kundan/- U T