Fantush Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54795 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- BATH District- Bhagalpur ====================================================== 1.

Fantush Kumar Sah Son of Megho Sah Village- Milki Tola, Hat road, Asarganj, PS.- Bath, Dist.- Bhagalpur.

2.

Anil Sah Son of Megho Sah Village- Milki Tola, Hat road, Asarganj, PS.- Bath, Dist.- Bhagalpur.

3.

Madan Sah Son of Megho Sah Village- Milki Tola, Hat road, Asarganj, PS.- Bath, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-09-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offence punishable under Sections 380/34 of the Indian Penal Code.

3. The learned APP for the State, at the outset, submits that the offences for which the instant FIR has been instituted 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 petitioners. The learned counsel for the petitioners next submits that investigation in the case against the petitioners is still continuing, but then the petitioners have not been given the benefit of

Patna High Court CR. MISC. No.54795 of 2024(2) dt.11-09-2024 2/2 Section 41A of the Cr.P.C. on which the learned APP 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 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar). (Satyavrat Verma, J.) Sudhanshu/- U T