Patna High CourtCR. MISC./53676/2024disposed

Dinkar Kumar v. The State Of Bihar

2024-09-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53676 of 2024 Arising Out of PS. Case No.-875 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Dinkar Kumar Son of Ashok Kumar Sharma Resident of Vill- Nilkanth Nagar Tilka Manjhi, P.S.- Jagdishpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State, Mr. Rabindra Kumar.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 353, 379, 504 and 34 of the Indian Penal Code and Sections 43, 56, 60(3) of Bihar Minerals Amendment Rules 2021.

3. The learned APP at the outset, submits that the offences for which an instant FIR has been instituted 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. The learned counsel appearing on behalf of the petitioner further submits that investigation in the case is still continuing, but then, petitioner has not been given the benefit of section 41A of the Cr.P.C. on which the learned APP

Patna High Court CR. MISC. No.53676 of 2024(2) dt.23-09-2024 2/2 submits that the case be disposed of in terms of order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Nausad Ansari vs. The State of Bihar).

4. In view of the submissions made by the learned APP that anticipatory bail application is disposed of in terms of order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Nausad Ansari vs. The State of Bihar).

5. The petitioners 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 order dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Sudhanshu/- U T