Patna High CourtCR. MISC./79600/2024disposed

Birendra Kumar Yadav @ Biru Kumar Yadav v. The State Of Bihar

2024-12-09Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79600 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- CHERKI District- Gaya ====================================================== Birendra Kumar Yadav @ Biru Kumar Yadav S/O Dilip Kumar Yadav R/O Village- Gulariya Chak, P.S- Magadh Medical, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2024

1. Heard the learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Cherki P.S. Case No.21/2024, registered for the offences punishable under Sections 379, 353, 411 of the Indian Penal Code, Sections 21, 4 (1A), MM (D & R) & 11/18 B.M>(CPIMT & S) Rule 2019 & 56 B.M.>(CPIMT & S) Rule, 2021.

3. The learned APP at the outset submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries 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 petitioner further submits that the investigation in the case against the petitioner is still continuing but the

Patna High Court CR. MISC. No.79600 of 2024(2) dt.09-12-2024 2/2 petitioner has not been given the benefit of Section 41(A) 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.3536/2024 (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 petitioner 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.3536/2024 (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