Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44168 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== 1.

RAKESH KUMAR SON OF RAM SUBHAG SINGH R/O VillageKhajuwala, P.S.- Udwantnagar, District- Bhojpur (OWNER) 2.

VIKKI KUMAR YADAV SON OF BIHARI YADAV R/O VILLAGEBISHUNPUR, P.S.- CHANDI, DISTT.- BHOJPUR(DRIVER) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2024

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

2. The Superintendent of Police, Bhojpur at Ara in compliance of the order dated 21.08.2024 is present in the Court.

3. The Superintendent of Police, Bhojpur at Ara submits that already the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar) has been communicated to all the Station House Officers and the investigating officers but then submits inadvertently the notice under Section 41(a) of the Cr.P.C. was not issued. It is further submitted that the benefit of Section 41(a) of the Cr.P.C. shall be given to the petitioners in accordance with law. It is

Patna High Court CR. MISC. No.44168 of 2024(3) dt.23-08-2024 2/2 next submitted that efforts would be made to ensure that the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 is complied in its letter and spirit.

4. Since the Superintendent of Police, Bhojpur at Ara has submitted that the benefit of Section 41(a) of the Cr.P.C. shall be given to the petitioners in accordance with law as such the anticipatory bail application is disposed of. (Satyavrat Verma, J) Kundan/- U T