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Patna High CourtCR. MISC./41082/2024disposed

Gulamuddin v. The State Of Bihar

2024-10-03Mr. Justice Satyavrat Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41082 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- SINGHWARA District- Darbhanga ====================================================== 1.

Gulamuddin SON OF ISLAM KABRI RESIDENT OF VILLAGEBHAPURA, P.S.- SINGHWARA , DIST- DARBHANGA ,BIHAR 2.

ASHIF @ MD. ASHIF SON OF ARMIN RAYEEN @ MD. ARMAIN @ ARMAIN RAYEEN @ MD. ARMAN @MOHAMMAD ARMAN RESIDENT OF VILLAGE- BHAPURA, P.S.- SINGHWARA , DISTDARBHANGA ,BIHAR 3.

AJJAT RAJA @ ASJAT REZA SON OF ALI AKBAR RESIDENT OF VILLAGE- BHAPURA, P.S.- SINGHWARA , DIST- DARBHANGA ,BIHAR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42270 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- SINGHWARA District- Darbhanga ====================================================== 1.

MD. SERAJ @ SERAJ SON OF NANHE VILL -BHAPURA P.SSINGHWARA DISTT -DARBHANGA 2.

MD. USMAN @ USMAN SON OF ASLAM @ MD. ASLAM VILL -BHAPURA P.S- SINGHWARA DISTT -DARBHANGA ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 41082 of 2024) For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Chandra Bhushan Prasad (In CRIMINAL MISCELLANEOUS No. 42270 of 2024) For the Petitioner/s :

Mr. Kedar Jha For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-10-2024 CRIMINAL MISCELLANEOUS No.41082 of 2024 1.

Heard learned counsel for the petitioners and learned

2/4 A.P.P. for the State, Mr. Chandra Bhushan Prasad. 2.

The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Singhwara P.S. Case No. 06 of 2024 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 153(A), 295(A), 427, 506 and 504 of the Indian Penal Code.

3.

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. 4.

The learned counsel for the petitioners next submits 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.

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

3/4 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 the order dated 13-22024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

CRIMINAL MISCELLANEOUS No. 42270 of 2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

2. The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Singhwara P.S. Case No. 06 of 2024 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 153(A), 295(A), 427, 506 and 504 of the Indian Penal Code.

3. 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.

4. The learned counsel for the petitioners next submits 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.

4/4

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 strictly adheres to the directions contained in the the order dated 13-22024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Rishabh/- U T