Rupnarayan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37758 of 2025 Arising Out of PS. Case No.-260 Year-2024 Thana- DORIGANJ District- Saran ====================================================== 1.

Rupnarayan Ray S/O Late Jai Ray R/O Vill.- Singahi, P.O.- Mehrauli, P.s.- Doriganj, Dist.- Saran.

2.

Birendra Ray @ Birendra Kumar S/O Rupnarayan Ray R/O Vill.- Singahi, P.O.- Mehrauli, P.s.- Doriganj, Dist.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr Singh No.1 For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-06-2025

1. Heard the learned counsel for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Doriganj P.S. Case No.260/2024, registered for the offences punishable under Sections 126(2), 115(2), 351(2)(3), 132 of the B.N.S. Act.

3. The learned APP at the outset submits that the offences for which the instant F.I.R. has been instituted against the petitioners carries punishment of 7 years and less. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioners. The learned counsel for the petitioner further submits that the investigation in the case against the petitioners is still continuing but then the

Patna High Court CR. MISC. No.37758 of 2025(2) dt.18-06-2025 2/2 petitioners have not been issued notice under Section 35 of the B.N.S.S.

4. The learned APP at this stage submits that Section 35 B.N.S.S. is akin to Section 41(1)(b) Cr.P.C. It is next submitted that this Court considers the scope of Section 41(A) of the Cr.P.C. by an order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

5. The learned APP, thus submits that petitioners be directed to file a representation before the authority concerned in terms of Section 35 of the B.N.S.S.

6. After hearing the learned counsel for the parties, the anticipatory bail application is disposed of with a liberty to the petitioners 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, in terms of Section 35 B.N.S.S. Further, the concerned Superintendent of Police is directed to ensure that the Investigating Officer of the case strictly adhere to the provision contained in Section 35 B.N.S.S.

(Satyavrat Verma, J) amit/- U T