Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57349 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- JADIA District- Supaul ====================================================== Vikash Kumar Son of Anmol Yadav R/V- VILLAGE- KHUNT, P.S.- JADIYA, DISTT.- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Patla Kumari For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-08-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Jadiya P.S. Case No. 221 of 2023 for the offences punishable under Sections 356, 411, 379 and 34 of the Indian Penal Code. 3.

The learned APP submits that the offence 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 learned counsel appearing on behalf of the petitioner.

4.

The learned counsel for the petitioner submits that investigation in the case against the petitioner is still continuing and he has not been granted the benefit of Section 41A of the

Patna High Court CR. MISC. No.57349 of 2024(2) dt.14-08-2024 2/3 Cr.P.C, on which the learned APP submits that the case be 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.

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). 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 132-2024 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 order dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

7.

At this stage, the learned counsel appearing on behalf of the petitioner submits that it appears that learned Session Judge, Supaul acts mechanically. It is further submitted that this Court by its order dated 13.02.2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar) has

Patna High Court CR. MISC. No.57349 of 2024(2) dt.14-08-2024 3/3 clearly directed that how an accused is to be treated against whom an FIR is instituted carrying punishment of seven years and less. 8.

The Court completely concurs with the submission of the learned counsel appearing on behalf of the petitioner. 9.

The Court, for the present, restrains itself from passing any adverse order, but then directs the learned Session Judge, Supaul to download the order dated 13.02.2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar) for his perusal.

10.

The Court expects that next time, such mechanical orders would not be passed which gives an impression that the order of this Court is being breached with impunity. 11.

Let a copy of this order be sent to the learned Sessions Judge, Supaul forthwith.

(Satyavrat Verma, J) SUMIT/- U T