Patna High CourtCR. MISC./48406/2024disposed

Rahul Singh @ Rohit Kumar @ Rahul Kumar Singh v. The State Of Bihar

2024-09-09Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48406 of 2024 Arising Out of PS. Case No.-305 Year-2021 Thana- MADHAURAH District- Saran ====================================================== Rahul Singh @ Rohit Kumar @ Rahul Kumar Singh Son of Sunil Singh Resident of Vill- Rampur Khoram, P.S.- Marhowrah, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mili Kumari For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2024

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

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Marhowrah (Gaura O.P.) P.S. Case No. 305 of 2021 registered for the offences punishable under Section 379 of the Indian Penal Code.

3. The learned APP for the State submits that the offence for which the instant FIR has been instituted against the petitioner carries punishment of less than seven years, the said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner.

4. The learned counsel for the petitioner further submits that investigation against the petitioner in the case is

Patna High Court CR. MISC. No.48406 of 2024(3) dt.09-09-2024 2/2 still continuing as is recorded in the order dated 25.05.2024, but then petitioner has not been given the benefit of Section 41A of Cr.P.C.

5. In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

6. 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 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. the state of Bihar) and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Rishabh/- U T