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Patna High CourtCR. MISC./60072/2024disposed

Bishnu Kumar @ Vishnu Kumar @ Vishnu Deo Yadav v. The State Of Bihar

2024-09-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60072 of 2024 Arising Out of PS. Case No.-276 Year-2024 Thana- AMARPUR District- Banka ====================================================== 1.

Bishnu Kumar @ Vishnu Kumar @ Vishnu Deo Yadav Son Of Sahendra Prasad Yadav Village -CHHATAHARA, Police Station- Amarpur, DistrictBanka 2.

Aman Kumar Son Of Sahendra Pd. Yadav Village -CHHATAHARA, Police Station- Amarpur, District- Banka 3.

Laddu Kumar @ Chandan Kumar Son Of Sahendra Pd. Yadav Village -CHHATAHARA, Police Station- Amarpur, District- Banka 4.

Sahendra Prasad Yadav Son Of Late Kunkun Yadav Village -CHHATAHARA, Police Station- Amarpur, District- Banka 5.

Kiran Devi Wife Of Sahendra Prasad Yadav Village -CHHATAHARA, Police Station- Amarpur, District- Banka 6.

Arti Devi @ Arti Kumari Wife Of Bishnu Kumar @ Vishnu Kumar @ Vishnu Deo Yadav Village -CHHATAHARA, Police Station- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024 1.

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

2.

The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Amarpur P.S. Case No. 276 of 2024 registered for the offences punishable under Sections 341, 323, 308, 354, 379, 504, 506 and 34 of the Indian Penal Code.

3.

The learned APP for the State, at the outset, submits that the offences for which the instant FIR has been instituted against the petitioners carries punishment of seven years and less, the said submission of the learned APP is not disputed by the learned counsel

Patna High Court CR. MISC. No.60072 of 2024(2) dt.19-09-2024 2/2 appearing on behalf of the petitioners.

4.

The learned counsel for the petitioners next submits 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.

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 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