Sumesh Kumar @ Sumesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65067 of 2024 Arising Out of PS. Case No.-284 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Sumesh Kumar @ Sumesh Kumar Yadav Son of Late Chandrika Rai Resident of Village - Barharwa, Semuapur, P.S. - Dumariyaghat, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri. Chandra Bhushan Prasad. 2.

The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Dumariyaghat P.S. Case No. 284 of 2023 for the offences punishable under Section 504 of the Indian Penal Code and Section 67 of I.T. Act.

3.

The learned APP, at the outset, submits that the offences for which the instant FIR has been instituted, carries punishment of less than seven years, the said submission of the learned APP is not disputed by learned counsel appearing on behalf of the petitioner.

4.

The learned counsel for the petitioner next submits

Patna High Court CR. MISC. No.65067 of 2024(2) dt.17-10-2024 2/3 that investigation in the case against the petitioner is still continuing but then the petitioner has 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 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 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 Ansari vs. the State of Bihar).

7.

It is made clear that in the event if the Investigating Officer of the case after investigation comes to a conclusion that

Patna High Court CR. MISC. No.65067 of 2024(2) dt.17-10-2024 3/3 offences for which the instant FIR has been instituted are bailable in that event he will proceed strictly in accordance with law.

(Satyavrat Verma, J) SUMIT/- U T