Praduman Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64262 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== 1.

Praduman Kumar Yadav S/o Thag Yadav R/o vill - Naugawa, P.S. - Vishunpura, Distt. - Kushinagar 2.

Ajay Kumar Yadav @ Ajay Yadav S/o Thag Yadav R/o vill - Jangal Naugawa, P.S. - Vishunpura, Distt. - Kushinagar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-10-2024

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 Barhara P.S. Case No. 153 of 2024 for the offences punishable under Section 379 of the Indian Penal Code and Sections 39, 56(i), 4/21 of the BMC Act.

3. The learned APP Mr. Abhay Kumar Nirala submits that the offence for which the instant FIR has been instituted, carries punishment of seven years and less, the said submission of the

Patna High Court CR. MISC. No.64262 of 2024(2) dt.23-10-2024 2/3 learned APP is not disputed by learned counsel appearing on behalf of the petitioners.

4. The learned counsel for the petitioners next submits that investigation in the case against the petitioners is still continuing, but then, the petitioners have not been granted the benefit of Section 41(A) of the 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 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 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

Patna High Court CR. MISC. No.64262 of 2024(2) dt.23-10-2024 3/3 Ansari vs. the State of Bihar).

(Satyavrat Verma, J) Prakash/- U