Ali Hasan Miyan @ Ali Hashan Miya @ Ali Hasan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54454 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.
Ali Hasan Miyan @ Ali Hashan Miya @ Ali Hasan s/o Late Badri Miya RESIDENT OF VILLAGE SISWANIYA WARD NO 6 POLICE STATION SUGAULI DISTRICT EAST CHAMPARAN MOTIHARI 2.
Munna Kuraishi @ Munna Miyan S/o Late Bhikhar Kuraishi R/o VillageChikpatti, P.S.-Sagauli, District-East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Sugauli P.S. Case No. 213 of 2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353 and 504 of the Indian Penal Code. It is further submitted that the investigation in the case against the petitioners is still continuing, but then they have not been given the benefit of Section 41A of the Cr.P.C.
3. The learned APP for the State submits that the offences for which the instant FIR has been instituted against
Patna High Court CR. MISC. No.54454 of 2024(2) dt.07-08-2024 2/2 the petitioners 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 petitioners.
4. In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad 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 the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).
(Satyavrat Verma, J) Rishabh/- U T