Anil Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61113 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- Benibad District- Muzaffarpur ====================================================== ANIL KUMAR JHA, son of Sri Raghunath Jha, Resident of village Lador, P.S. Benibal, District Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Benibad P.S. Case No. 38 of 2024, dated 04.07.2024 registered for the offence punishable under Section 7 of the Essential Commodities Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Learned A.P.P., at the outset, submits that the offences for which the instant FIR has been instituted against the petitioner carry punishment of seven years.

5. The said submission of the learned A.P.P. is not disputed by the learned counsel appearing on behalf of the petitioner.

6. Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No.61113 of 2024(2) dt.30-08-2024 2/3 investigation in the case against the petitioner is still continuing but then petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which learned A.P.P. submits that the case be disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

7. In view of the submissions made by the learned A.P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

8. 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 passed 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 said order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

9. At this stage, learned counsel for the petitioner submits that it appears that the learned Sessions Judge, Muzaffarpur is passing orders in breach of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 as the impugned order does not even remotely reflect that before dismissing the anticipatory bail application whether any query was made from the learned A.P.P. as to whether benefit of Section 41(A) of the Cr.P.C.

Patna High Court CR. MISC. No.61113 of 2024(2) dt.30-08-2024 3/3 has been given to the petitioner or not.

10. The Senior Superintendent of Police, Muzaffarpur shall ensure that breach of order 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 is not committed in future.

11. Let a copy of this order be sent to the learned Sessions Judge, Muzaffarpur and the Senior Superintendent of Police, Muzaffarpur for their perusal and onward communication of the order to the investigating officer of the case for necessary action.

(Satyavrat Verma, J) Kundan/- U T