Patna High CourtCR. MISC./83619/2024disposed

Ajam Khan @ Azam Ayan Khan v. The State Of Bihar

2025-02-05Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83619 of 2024 Arising Out of PS. Case No.-317 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Ajam Khan @ Azam Ayan Khan Son of Naeem Khan Village- Nakardeyi Ward No. 6 PS- Sugauli District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-02-2025 Heard learned Senior Counsel, Mr. Anshul for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sugauli P.S. Case No. 317 of 2024 registered for the offences punishable under Sections 27 and 28 of the Arms Act.

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

4. The learned Senior Counsel for the petitioner further submits that investigation in the case against the petitioner is still continuing, but then the petitioner has not been issued notice under Section 41A of the Cr.P.C., on which the

Patna High Court CR. MISC. No.83619 of 2024(2) dt.05-02-2025 2/2 learned APP submits that the case be disposed of in terms of order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 in Naushad Ansari Vs. The State of Bihar.

5. In view of the submissions made by the learned APP, the anticipatory bail application is disposed of.

6. 5. 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 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the said order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

(Satyavrat Verma, J.) Jyoti Kumari/- U T