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Patna High CourtCR. MISC./58719/2024disposed

Arun Kumar Choudhary @ Arun Choudhary v. The State Of Bihar

2024-08-20Mr. Justice Satyavrat Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58719 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Arun Kumar Choudhary @ Arun Choudhary, Son of Khokhay Choudhary Resident of village - Vengha, Ward No.- 10, P.S. and District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2024

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

2. The petitioner seeks bail in anticipation of his arrest in Saharsa Sadar P. S. Case No.123 of 2024 registered for the offences punishable under Sections 420, 406 and 34 of the I.P.C.

3. The learned Additional P. P. Sri Rabindra Kumar 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 petitioner. The learned counsel for the petitioner

2/4 further submits that investigation against the petitioner in the case is continuing and petitioner has 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. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar).

6. The petitioner 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 petitioner, at this stage, submits that it appears that the learned Sessions Judge, Saharsa

3/4 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 of Bihar).

8. The Court completely concurs with the submission with the learned counsel appearing on behalf of the petitioner, but then, fails to appreciate the conduct of the Superintendent of Police, Sahrasa 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 petitioner.

9. The Court, for the present, restrains itself from passing any adverse order against the learned Sessions Judge, Saharsa, the Superintendent of Police, Saharsa 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

4/4 mechanical orders would not be passed and the Superintendent of Police, Saharsa 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, failing which the Court would be constrained to initiate departmental/contempt proceedings against the erring officials.

10.

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

(Satyavrat Verma, J) vikash/- U T