Budhan Matho @ Budhan Kumar @ Budhan Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53857 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Budhan Matho @ Budhan Kumar @ Budhan Kumar Mahto Son Of Harilal Mahto Vill-Lakhnipur Maheshpatti, Ps- Ujiarpur, Dist- Samastipur 2.

Manjar Mahto Son Of Harilal Mahto Vill-Lakhnipur Maheshpatti, PsUjiarpur, Dist- Samastipur 3.

Dinesh Mahto Son Of Harilal Mahto Vill-Lakhnipur Maheshpatti, PsUjiarpur, Dist- Samastipur 4.

Arvind Mahto Son Of Harilal Mahto Vill-Lakhnipur Maheshpatti, PsUjiarpur, Dist- Samastipur 5.

Sahitlal Mahto @ Sahit Lal @ Sahit Lal Mahto Son Of Harilal Mahto VillLakhnipur Maheshpatti, Ps- Ujiarpur, Dist- Samastipur 6.

Chandan Kumar @ Chandan Mahto Son Of Majar Mahto Vill-Lakhnipur Maheshpatti, Ps- Ujiarpur, Dist- Samastipur 7.

Ranjeet Mahto Son Of Laxman Mahto Vill-Lakhnipur Maheshpatti, PsUjiarpur, Dist- Samastipur 8.

Pankaj Mahto @ Panjak Kumar Son Of Devan Mahto Vill-Lakhnipur Maheshpatti, Ps- Ujiarpur, Dist- Samastipur 9.

Ankaj Mahto @ Ankaj Kumar Son Of Devan Mahto Vill-Lakhnipur Maheshpatti, Ps- Ujiarpur, Dist- Samastipur 10.

Vikash Mahto @ Vikas Kumar Son Of Sahitlal Mahto Vill-Lakhnipur Maheshpatti, Ps- Ujiarpur, Dist- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan Mr.Amrendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2024

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

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2. The petitioners seek bail in anticipation of their arrest in Ujiarpur P. S. Case No.75 of 2024 registered for the offences punishable under Sections 341, 323, 188, 353, 504, 506 and 34 of the I.P.C.

3. The learned Additional P. P. submits that the offences for which the 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 petitioners and the informant. The learned counsel for the petitioners further submits that investigation against the petitioners in the case is continuing and petitioners have 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).

5. 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.

3/5 No.3536 of 2024 (Naushad Ansari vs. the State of Bihar).

6. 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 13.02.2024 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.

7. The learned counsel for the petitioners, at this stage, submits that it appears that the learned Sessions Judge, Samastipur acts mechanically. It is further submitted that this Court by its order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar) has clearly directed that how an accused is to be treated against whom an F.I.R. is instituted carrying punishment of 7 years and less. Further, the order of also records the consequences of the breach of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State

4/5 of Bihar).

8. The Court completely concurs with the submission with the learned counsel appearing on behalf of the petitioners, but then, fails to appreciate the conduct of the Superintendent of Police, Samastipur and the Investigating Officer of the case that as to why the benefit of Section 41(A) of the Cr.P.C. was not given to the petitioners.

9. The Court, for the present, restrains itself from passing any adverse order against the learned Sessions Judge, Samastipur, the Superintendent of Police, Samastipur and the Investigating officer of the case, but then, directs them to download the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar) for their perusal. The Court expects that the next time, such mechanical orders would not be passed and the Superintendent of Police, Samastipur and the I.O. of the case shall remain careful and shall also ensure that the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar) is not breached with impunity,

5/5 failing which the Court would be constrained to initiate departmental/contempt proceedings against the erring officials.

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Let a copy of this order be sent to the learned Sessions Judge, Samastipur, the Superintendent of Police, Samastipur and the Investigating Officer of the case for their perusal and necessary action.

(Satyavrat Verma, J) vikash/- U T