Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41542 of 2024 Arising Out of PS. Case No.-377 Year-2024 Thana- NAWADA District- Nawada ====================================================== Binod Yadav S/O Narayan Yadav R/O VILLAGE MAHKAR, P.S. ROH, DISTRICT NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Nawada Town P.S. Case No. 377 of 2023 for the offences punishable under Sections 25 (1-B)A, 26 and 35 of Arms Act.

3.

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

The learned counsel for the petitioner submits that investigation in the case against the petitioner is still continuing, it is also submitted that no doubt under the Arms Act the punishment varies from 3 to 10 years but then it depends on the nature of allegation as alleged in the FIR, it is also submitted that in the nature

Patna High Court CR. MISC. No.41542 of 2024(2) dt.22-07-2024 2/2 of allegation as alleged in the FIR, the punishment under the relevant sections of the Arms Act is seven years and less, on which the learned APP thus submits that the case be 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). 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 petitioner 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 strictly adheres to the directions contained in the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). (Satyavrat Verma, J) SUMIT/- U T