Rahul Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50841 of 2024 Arising Out of PS. Case No.-515 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Rahul Kumar Mishra S/o Diwakar Mishra Resident of village- Ratan Mala, P.S- Majhaulia, Distt. - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ritesh Kumar S/O-Tribhuan Prasad, R/O- vill- Sisai,(saran), PS.- Sahajatipur, dist.- chappara ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sujeet Kumar For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-09-2024 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 Bhorey P.S. Case No. 515 of 2023 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. 3.

The learned APP for the State submits that the offences for which the instant FIR has been instituted against the petitioner carries punishment of seven years and less, the said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner. 4.

The learned counsel appearing on behalf of the petitioner next submits that investigation in the case against the

Patna High Court CR. MISC. No.50841 of 2024(3) dt.24-09-2024 2/2 petitioner is still continuing, but then petitioner has not been given the benefit of Section 41A of the 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 13-22024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Rishabh/- U T