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Patna High CourtCR. MISC./40760/2024disposed

Shivdani Thakur @ Shivdhari Thakur @ Shibu v. The State Of Bihar

2024-07-24Mr. Justice Satyavrat Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40760 of 2024 Arising Out of PS. Case No.-459 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

SHIVDANI THAKUR @ SHIVDHARI THAKUR @ SHIBU S/O- LATE SATO THAKUR @ SATENDRA THAKUR @ NARAYAN THAKUR RESIDENT OF VILLAGE- RAICHIAHI KACHAHARI TOLA, P.S.- MUFFASIL (SINGHOUL), DISTRICT-BEGUSARAI 2.

DHURB THAKUR @ DARUP THAKUR @ DHRUB THAKUR SON OF LATE SATO THAKUR @ SATENDRA THAKUR @ NARAYAN THAKUR RESIDENT OF VILLAGE- RAICHIAHI KACHAHARI TOLA, P.S.- MUFFASIL (SINGHOUL), DISTRICT-BEGUSARAI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29820 of 2024 Arising Out of PS. Case No.-459 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Girdhari Thakur Son of Late Sato Thakur @ Satendra Thakur @ Narayan Thakur Resident of Village - Rachiyahi Katchhery, P.S.- Muffasil, District - Begusarai.

2.

Rampukar Thakur Son of Late Sato Thakur @ Satendra Thakur @ Narayan Thakur Resident of Village - Rachiyahi Katchhery, P.S.- Muffasil, District - Begusarai.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 40760 of 2024) For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur (In CRIMINAL MISCELLANEOUS No. 29820 of 2024) For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024 CRIMINAL MISCELLANEOUS No.40760 of 2024 1.

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

2/4 2.

The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Muffasil (Singhoul) P.S. Case No. 459 of 2023 registered for the offences punishable under Sections 341, 323, 354(A), 379, 385, 504 and 34 of the Indian Penal Code. It is further submitted that the investigation in the case against the petitioners is still going on and the petitioners have not been given the benefit of Section 41A Cr.P.C.

3.

The learned APP for the State submits that the offences for which the instant FIR has been instituted against the petitioner 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.

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).

5. 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

3/4 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. 29820 of 2024

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

2. The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Muffasil (Singhoul) P.S. Case No. 459 of 2023 registered for the offences punishable under Sections 341, 323, 354(A), 379, 385, 504 and 34 of the Indian Penal Code. It is further submitted that the investigation in the case against the petitioners is still going on and the petitioners have not been given the benefit of Section 41A Cr.P.C.

3. The learned APP for the State submits that the offences for which the instant FIR has been instituted against the petitioner 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. 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

4/4 No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

5. 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