Bal Krishna Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87654 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- DHORAIYA District- Banka ====================================================== 1.
Bal Krishna Mandal Son of Janardhan Kapri Resident of Village - Sondiha, Police Station - Dhoriya, District - Banka 2.
Uttam Kumar Sah @ Uttam Sah Son of Janardhan Kapri Resident of Village - Sondiha, Police Station - Dhoriya, District - Banka 3.
Sanni Kumar Son of Bal Krishana Mandal Resident of Village - Sondiha, Police Station - Dhoriya, District - Banka 4.
Bhola Prasad Sah Son of Late Banarsi Kapri Resident of Village - Sondiha, Police Station - Dhoriya, District - Banka 5.
Banti Kumar Son of Uttam Kumar Sah @ Uttam Sah Resident of Village - Sondiha, Police Station - Dhoriya, District - Banka 6.
Shashi Kant Sah Son of Late Ram Prasad Sah Resident of Village - Sondiha, Police Station - Dhoriya, District - Banka 7.
Avinash Kumar Son of Shashi Kant Sah Resident of Village - Sondiha, Police Station - Dhoriya, District - Banka 8.
Bipin Kumar Son of Bhola Prasad Sah Resident of Village - Sondiha, Police Station - Dhoriya, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balram Kapri For the Opposite Party/s :
Mr. Chandra Bhushan Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Dhoraiya P. S. Case No.132 of 2024 for the offences punishable under Sections 341, 323, 324, 308, 325, 447,
Patna High Court CR. MISC. No.87654 of 2024(2) dt.08-01-2025 2/3 504, 506 and 34 of the Indian Penal Code.
3. The learned APP Sri Chandra Bhushan Prasad submits that the offence 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 learned counsel appearing on behalf of the petitioners.
4. The learned counsel for the petitioners next submits that investigation in the case against the petitioners is still continuing, but then, the petitioners have 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 petitioners would be at liberty to file a representation before the concerned Superintendent of Police
Patna High Court CR. MISC. No.87654 of 2024(2) dt.08-01-2025 3/3 and the Investigating Officer of the case, within a period of three weeks from today, with a web copy of the order dated 13-2-2024 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 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). (Satyavrat Verma, J) vikash/- U T