Md. Ziyaul Haque @ Jyaul Haque @ Dablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1693 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- DHORAIYA District- Banka ====================================================== MD. ZIYAUL HAQUE @ JYAUL HAQUE @ DABLU SON OF LATE MINHAZ ALAM RESIDENT OF VILLAGE - KARHARIYA, P.S. - DHORAIYA, DISTRICT - BANKA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Shri Manoj Kumar Jha, Advocate For the Opposite Party/s :
Shri Dilip Kumar No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024 Later on at 02:15 p.m.
1. Heard learned counsel for the petitioner and Shri P.K. Shahi learned Advocate General assisted by Shri Dilip Kumar No. 1, learned A.P.P.
2. In view of the explanation furnished by the learned Advocate General, the Court refrains from proceeding against the Superintendent of Police, Banka.
3. The personal appearance of the Superintendent of Police, Banka and the Investigating Officer of the case is dispensed with.
4. Since the learned D.G.P., Bihar because of his preoccupation could not come to the Court as such in his place Mr. P. Kannan the I.G., C.I.D. is present. His personal appearance is also dispensed with.
5. Heard learned counsel for the petitioner and
Patna High Court CR. MISC. No.1693 of 2024(5) dt.28-02-2024 2/3 learned A.P.P. for the State.
6. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 411 and 120(B) of the Indian Penal Code, Section 21 of the MMDR Act, 1957 read with Section 56 of the BMCPIMTS Rules, 2019 along with Section 15 of the F.E. Act, 1986.
7. Learned A.P.P. for the State, at the outset, submits that the offences for which the instant FIR has been instituted carry punishment of less than seven years to which learned counsel appearing on behalf of the petitioner also agrees. As such, learned A.P.P. submits that the anticipatory bail application be disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).
8. In view of the aforesaid submissions made by the learned A.P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024.
9. 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
Patna High Court CR. MISC. No.1693 of 2024(5) dt.28-02-2024 3/3 13.02.2024 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 in Cr. Misc. No. 3536 of 2024. (Satyavrat Verma, J) Kundan/- U T