Gopal Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58604 of 2025 Arising Out of PS. Case No.-364 Year-2023 Thana- DIGHWARA District- Saran ====================================================== 1.

Gopal Tiwari S/O Late Yogendra Tiwari R/O Village- Hajipur Balwa Kunwari, P.S- Town Sadar, Distt.- Vaishali.

2.

Vicky Pandey S/O Jagarnath Pandey R/O Village- Hajipur, P.S- Hajipur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Raju Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-08-2025 Heard learned counsel for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Dighwara P.S. Case No. 364 of 2023, registered for the offences punishable under Sections 356 and 379 of the IPC.

3. The learned APP at the outset submits that the offences for which the instant FIR has been instituted against the petitioners carries a punishment of 7 years and less. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner. The learned counsel for the petitioners further submits that the investigation in the case against the petitioners is still continuing but then

Patna High Court CR. MISC. No.58604 of 2025(2) dt.29-08-2025 2/2 the petitioners have not given notice under Section 41(1)(b) Cr.P.C., on which, the learned APP submits that the case be disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Naushad Ansari vs. State of Bihar).

4. In view of the submission 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. State of Bihar).

5. The petitioners would be at liberty to file a representation within a period of three weeks from today before the concerned Superintendent of Police of the district 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 (Naushad Ansari vs. State of Bihar) and the Superintendent of Police shall ensure that Investigating Officer of the case strictly adhere to the direction contained in the said order. (Sourendra Pandey, J) krishna/- U T