Makeshar Yadav @ Mukesh Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Makeshar Yadav @ Mukesh Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail application disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar); petitioner permitted to file a representation within three weeks before the concerned Superintendent of Police and the Investigating Officer with a web copy of that order, with the SP to ensure the Investigating Officer strictly adheres to its directions.

Issue for consideration

Whether the anticipatory bail application of the petitioner, who apprehends arrest in N.T.P.C. P.S. Case No.121/2023 for offences punishable under Sections 457 and 380 IPC carrying a punishment of less than 7 years, with investigation still ongoing, should be granted or otherwise disposed of.

Court's answer

In view of the learned APP's submission that the offences carry a punishment of less than 7 years, undisputed by the petitioner's counsel, 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).

Ratio / Principle

The petitioner is at liberty to file a representation within three weeks before the concerned Superintendent of Police of the district and the Investigating Officer 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 the Investigating Officer strictly adheres to the directions contained in that order.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court, CRL. MISC. No.12735 of 2024, decided 12-03-2024 (Satyavrat Verma, J). Petitioner Makeshar Yadav @ Mukesh Yadav apprehended arrest in N.T.P.C. P.S. Case No.121/2023 registered for offences punishable under Sections 457 and 380 of the Indian Penal Code, with investigation still ongoing. As the learned APP submitted, without dispute by the petitioner's counsel, that the offences carry a punishment of less than 7 years, the Court disposed of the anticipatory bail application in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar). The petitioner was given liberty to file a representation within three weeks before the concerned Superintendent of Police and the Investigating Officer along with a web copy of the said order, and the Superintendent of Police was directed to ensure that the Investigating Officer strictly adhered to the directions contained in that order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12735 of 2024

Arising Out of PS. Case No.-121 Year-2023 Thana- NTPC District- Patna

======================================================

Makeshar Yadav @ Mukesh Yadav S/o Jadan Yadav Resident of VillageDayalchak, P.S. NTPC Barh, District Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Ramchandra Sahni ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 12-03-2024

Heard the learned counsel for the petitioner and the

learned APP for the State.

The petitioner apprehends his arrest in connection with N.T.P.C. P.S. Case No.121/2023 registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code. It is next submitted that investigation of the case is still going on.

The learned APP at the outset submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries a punishment of less than 7 years to which the learned counsel for the petitioner does not dispute.

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

Patna High Court CR. MISC. No.12735 of 2024(2) dt.12-03-2024 2/2

Ansari vs. State of Bihar).

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/-

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