Ramashray Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64205 of 2024 Arising Out of PS. Case No.-519 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
Ramashray Mahto Son of Late Shiv Nandan Mahto Resident of Village - Mordiwa Ward No.-6, P.S. - Samastipur (Muffasil), District - Samastipur 2.
Suman Kumar Son of Moti Das @ Saroj Das Resident of Village - Mordiwa Ward No.-6, P.S. - Samastipur (Muffasil), District - Samastipur 3.
Arjun Kumar Son of Moti Das Resident of Village - Mordiwa Ward No.-6, P.S. - Samastipur (Muffasil), District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy For the Opposite Party/s :
Mrs. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-02-2025
1. Heard the learned counsel for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Samastipur (Muffasil) P.S. Case No.519/2023, registered for the offences punishable under Sections 447, 341, 323, 379, 387, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case and petitioner no.2 and 3 are persons with clean antecedent.
4. The learned APP at the outset submits that the
Patna High Court CR. MISC. No.64205 of 2024(2) dt.10-02-2025 2/3 offences for which the instant F.I.R. has been instituted against the petitioners carries a punishment of 7 years and less. It is next submitted that no doubt the F.I.R. has been instituted under the Arms Act also but then the punishment prescribed under the Arms Act ranges from period to 10 years and in the present case the nature of allegation as alleged in the instant F.I.R., the punishment is less than 7 years, as such, the case be disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar). The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioners. The learned counsel for the petitioners further submits that the investigation in the case against the petitioners is still pending 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.3536/2024 (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.3536/2024 (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
Patna High Court CR. MISC. No.64205 of 2024(2) dt.10-02-2025 3/3 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.3536/2024 (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.
(Satyavrat Verma, J) amit/- U T