Binod Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Binod Kumar Singh 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 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar); petitioner permitted to file a representation before the concerned Superintendent of Police and Investigating Officer within three weeks with a web copy of that order, and the Superintendent of Police directed to ensure the Investigating Officer strictly adheres to the directions contained therein.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail in connection with Nagar P.S. Case No. 541 of 2023 registered under Section 387 IPC. +1 more

Court's answer

In view of the APP's submission (offence punishable with seven years), 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).

Ratio / Principle

The petitioner is at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer within three weeks, 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).

Key takeaways

The concerned Superintendent of Police shall ensure that the Investigating Officer 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).ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail — Section 387 IPC — Nagar P.S. Case No. 541 of 2023 (Thana Motihari Town, East Champaran) — investigation continuing; petitioner alleged denial of Section 41A Cr.P.C. benefit — offence carries punishment of seven years, undisputed — Court disposed of the application in terms of its earlier order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar) — petitioner granted liberty to file representation before the concerned Superintendent of Police and Investigating Officer within three weeks with a web copy of that order — Superintendent of Police to ensure the Investigating Officer strictly adheres to the directions in the Naushad Ansari order. (Satyavrat Verma, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13523 of 2024

Arising Out of PS. Case No.-541 Year-2023 Thana- MOTIHARI TOWN District- East Champaran

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

Binod Kumar Singh Son of Akhileshwar Singh Resident of Village/MohallaPasrampur, P.S.- Pipra, District- East Champaran

... ... Petitioner/s

Versus

3 06-08-2024

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

... ... Opposite Party/s

Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Nagar P.S. Case No. 541 of 2023 registered for the offences punishable under Section 387 of the Indian Penal Code. It is further submitted that the investigation in the case against the petitioner is still continuing, but then the petitioner has not been given the benefit of Section 41A of the Cr.P.C.

The learned APP for the State submits that the offence for which the instant FIR has been instituted against the petitioner carries punishment of seven years, the said

Patna High Court CR. MISC. No.13523 of 2024(3) dt.06-08-2024 2/2

submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner and the informant.

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).

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 13-2-2024 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 the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J)

Rishabh/-

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