Sanjeev Kumar @ Sanjeev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51761 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== 1.

Sanjeev Kumar @ Sanjeev Paswan S/o Rampravesh Paswan Resident Of Village- Bhairo Bigha, P.S.- Kashichak, Dist- Nawada 2.

Rajeev Paswan S/o Mr. Shiv Balak Paswan Resident of Village- Bhairo Bigha, P.S.- Kashichak, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shraddhanand Paswan For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2025

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

2. The petitioners apprehend their arrest in connection with Nawada Cyber P.S. Case No.32 of 2025, registered for the offences punishable under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 61(2) of the B.N.S.S.

3. The learned APP at the outset submits that the offences for which the instant F.I.R. has been instituted against the petitioners carries punishment of 7 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 further submits that the investigation

Patna High Court CR. MISC. No.51761 of 2025(2) dt.12-08-2025 2/2 in the case against the petitioners is still continuing but then the petitioners have not been given notice under Section 35 of the B.N.S.S.

4. The learned APP at this stage submits that Section 35 B.N.S.S. is akin to Section 41(1)(b) Cr.P.C. It is next submitted that this Court considered the scope of Section 41(A) of the Cr.P.C. by an order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

5. The learned APP, thus submits that petitioners be directed to file a representation before the authority concerned in terms of Section 35 of the B.N.S.S.

6. After hearing the learned counsel for the parties, the anticipatory bail application is disposed of with a liberty to the petitioners 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 in terms of Section 35 B.N.S.S. and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adhere to the provision contained in Section 35 B.N.S.S. (Satyavrat Verma, J) krishna/- U T