Patna High CourtCR. MISC./49269/2024disposed

Prem Sagar Choudhary v. The State Of Bihar

2024-07-30Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49269 of 2024 Arising Out of PS. Case No.-290 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Prem Sagar Choudhary S/o Nepali Chaudhary R/o vill - Garhi Bishanpur, P.S. and Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case being owner of Budha Residential Hotel.

3. It is next submitted that one Sandeep Kumar Sanjeet had come and was staying in the hotel as a guest, when the police raided and from his possession a 315 bore rifle was recovered which was modified without seeking permission to look like AK-47. It is next submitted that petitioner has no concern with Sandeep Kumar Sanjeet, but since Sanjeet was staying in the hotel of the petitioner as such he also came to be

Patna High Court CR. MISC. No.49269 of 2024(2) dt.30-07-2024 2/3 implicated in a mechanical manner.

4. The learned counsel for the petitioner next submits that the FIR has been instituted under various provisions of the IPC and the Arms Act, but then in the nature of allegation as alleged, the punishment under the Arms Act ranges from 3 to 7 years and the punishment under IPC also is less than seven years.

5. It is also submitted that investigation against the petitioner is continuing, but then petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which the learned APP submits that the anticipatory bail application be 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).

6. In view of the submissions made by the learned APP 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 with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 within a period of three weeks from today and the concerned

Patna High Court CR. MISC. No.49269 of 2024(2) dt.30-07-2024 3/3 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 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Prakash Narayan U T