Nishant Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49067 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Nishant Kumar Jha, Son of Sri Ratikant Resident of Village - Jabdaul, Ojha Tola, Ward No.- 13, P.S.- Chanpatia (Kumarbag O.P.), District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Binod Tiwari, Son of Sri Janakdeo Tiwari Resident of Village - Khairatia, Ward No.- 13, P.S.- Bettiah Muffasil (Manuapul), District - West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma Mr. Sharad Kumar Verma For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

Mr. Sachida Nand Rai Mr. Avinash Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024

1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in Bettiah Muffasil (Manuapul) P. S. Case No.200 of 2023 registered for the offences punishable under Sections 341, 323, 406, 420, 384, 504 and 506 of the I.P.C.

3. The learned Additional P. P. Sri Chandra Bhushan Prasad submits that the offences for which the

Patna High Court CR. MISC. No.49067 of 2024(2) dt.06-08-2024 2/3 instant F.I.R. has been instituted carries punishment of less than 7 years.

4. The said submission of the learned Additional P. P. is not disputed by the learned counsel appearing on behalf of the petitioner and the informant.

5. The learned counsel for the petitioner further submits that investigation against the petitioner in the case is continuing and petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which learned A.P.P. submits that anticipatory bail application be disposed of in terms of order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar).

6. In view of the submission made by the learned Additional P. P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar).

7. The petitioner 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

Patna High Court CR. MISC. No.49067 of 2024(2) dt.06-08-2024 3/3 13.02.2024 in Cr. Misc. No.3536 of 2024 and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024.

(Satyavrat Verma, J) vikash/- U T