Patna High CourtCR. MISC./57096/2024disposed

Santosh Upadhyay @ Santosh Kr Upadhyay @ Santosh Kumar Upadhyay v. The State Of Bihar

2024-08-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57096 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Santosh Upadhyay @ Santosh Kr Upadhyay @ Santosh Kumar Upadhyay S/o Late Banwari Upadhyay R/o vill - Navin Gandhinagar, P.S. - Dumariya Ghat, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The learned APP at the outset submits that the offences for which the instant FIR has been instituted 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 petitioner.

3. The learned counsel for the petitioner further submits that investigation in the case is still pending and the petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which the learned APP submits that the anticipatory bail application be 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).

Patna High Court CR. MISC. No.57096 of 2024(2) dt.06-08-2024 2/2

4. In view of the submissions made by the learned APP 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).

5. The petitioner would be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 within a period of three weeks from today 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 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Prakash Narayan U T