Nand Kumar @ Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51916 of 2025 Arising Out of PS. Case No.-151 Year-2025 Thana- CHENARI District- Rohtas ====================================================== Nand Kumar @ Anand Kumar S/o Chhote Lal Paswan Resident of Vill.- Ugahni, P.S.- Chenari, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP, Mr. Chandra Bhushan Prasad for the State.

2. The SHO, Chenari P.S. and the Investigating Officer of the case in compliance of the order dated 01.09.2025 are present in Court. The SHO, at the outset, submits that no doubt one of the named accused of the FIR was arrested but then he was arrested after seeking permission of the learned Magistrate. It is also submitted that based on his confession, all the four idols were also recovered, but then fairly submits that nothing was recovered from the house of the petitioner. It is also submitted that notice under Section 35 of the B.N.S.S. shall be given to the petitioner by 05.09.2025 as the offences of the instant FIR carries punishment of less than seven years. Learned counsel appearing on behalf of the petitioner further submits

Patna High Court CR. MISC. No.51916 of 2025(3) dt.03-09-2025 2/2 that petitioner will receive the notice.

3. Learned APP, Mr. Chandra Bhushan Prasad submits that since notice under Section 35 of the B.N.S.S. shall be issued to the petitioner, as such, for the present, the petitioner does not have any apprehension of arrest and, as if, his arrest is required, in the event, the police will seek permission from the learned Magistrate and in the event if the learned Magistrate permits the police to arrest the petitioner, apprehension of arrest will arise.

4. Learned counsel appearing on behalf of the petitioner, at this stage, seeks permission to withdraw the anticipatory bail application.

5. Permission is accorded.

6. The anticipatory bail application is dismissed as withdrawn.

7. Personal appearance of the SHO, Chenari and the Investigating Officer of the case is dispensed with. (Satyavrat Verma, J) Sanjay/- U T