Shekh Sarfaraj @ Sk. Sarfraj @ Sarfraj Alam @ Sarafaraj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37677 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Shekh Sarfaraj @ Sk. Sarfraj @ Sarfraj Alam @ Sarafaraj Alam S/o- Late Md. Hassan @ Late Shekh Mahmud Village- Beldari Ps- Bettiah Muffasil Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-06-2025

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

2. The petitioner seeks bail in anticipation of his arrest in Bettiah Muffasil P. S. Case No.123 of 2025 registered for the offences punishable under Sections 303(2), 325 and 3(5) of the B.N.S. and Section 11(1)(a) of Animal Cruelty Act.

3. The learned APP, at the outset, submits that the offence for which the instant FIR has been instituted, carries punishment of less than seven years, 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 next submits that investigation in the case against the petitioner is still

Patna High Court CR. MISC. No.37677 of 2025(2) dt.18-06-2025 2/2 continuing, but then, the petitioner has not been given notice under Section 35 of the B.N.S.S. The learned A.P.P. submits that Section 35 of B.N.S.S. is akin to Section 41(A) of the Cr.P.C.

5. It is next submitted that this Court considered the scope of Section 41(A) Cr.P.C. by an order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). The learned APP thus submits that petitioner be directed to file a representation before the authority concerned under Section 35 of B.N.S.S.

6. In view of the submission made by the learned counsel for the parties, the anticipatory bail application is disposed of with a liberty to the petitioner 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 of B.N.S.S. and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case shall strictly adhere to the provisions contained in Section 35 of B.N.S.S. (Satyavrat Verma, J) vikash/- U T