Umesh Singh @ Prithivi Chandra Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Umesh Singh @ Prithivi Chandra 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); petitioners permitted to file a representation with a web copy of that order before the concerned Superintendent of Police and Investigating Officer within three weeks, and the Superintendent of Police directed to ensure the Investigating Officer strictly adheres to the directions in that order.

Issue for consideration

Whether anticipatory bail should be granted to the seven petitioners in connection with Mahua P.S. Case No. 08 of 2023 involving offences under Sections 341, 323, 379, 385, 354, 504, 506 and 34 of the Indian Penal Code, given that the offence carries punishment of less than seven years and investigation is ongoing.

Court's answer

In view of the learned A.P.P.'s undisputed submission that the offence carries punishment of less than seven years, the Court disposed of the anticipatory bail application in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar), rather than granting or refusing anticipatory bail outright.

Ratio / Principle

The petitioners were given liberty, within three weeks, to file a representation before the concerned Superintendent of Police and the Investigating Officer enclosing 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 Superintendent of Police was directed to ensure that the Investigating Officer strictly adheres to the directions contained in that order.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J), oral order dated 27-03-2024 in Criminal Miscellaneous No. 17515 of 2024: Seven petitioners, led by Umesh Singh @ Prithivi Chandra Singh, sought anticipatory bail in connection with Mahua P.S. Case No. 08 of 2023 (District Vaishali) for offences punishable under Sections 341, 323, 379, 385, 354, 504, 506 and 34 of the Indian Penal Code. Investigation was still ongoing. The learned A.P.P. submitted, and the petitioners' counsel did not dispute, that the offence for which the FIR was instituted carries punishment of less than seven years. On that basis the Court disposed of the anticipatory bail application in terms of its own earlier order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). The petitioners were given three weeks to file a representation, with a web copy of that order, before the concerned Superintendent of Police and the Investigating Officer, and the Superintendent of Police was directed to ensure that the Investigating Officer strictly adheres to the directions contained in the Naushad Ansari order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17515 of 2024

Arising Out of PS. Case No.-8 Year-2023 Thana- MAHUA District- Vaishali

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Umesh Singh @ Prithivi Chandra Singh son of Late Saryug Singh VillageKadilpur Ps- Mahua Dist- Vaishali

Amit Kumar son of Shri Umesh Singh @ Prithivi Chandra Singh VillageKadilpur Ps- Mahua Dist- Vaishali

Ranjeet Kumar son of Shri Umesh Singh @ Prithivi Chandra Singh VillageKadilpur Ps- Mahua Dist- Vaishali

Ajeet Kumar son of Shri Umesh Singh @ Prithivi Chandra Singh VillageKadilpur Ps- Mahua Dist- Vaishali

Rohit Kumar son of Shri Punit Singh Village- Kadilpur Ps- Mahua DistVaishali

Rohan Kumar @ Munna @ Rohan Rai son of Shri Dilip Singh VillageKadilpur Ps- Mahua Dist- Vaishali

Sanjeev Kumar son of Shri Harivansh Singh @ Shri Harivansh Rai VillageKadilpur Ps- Mahua Dist- Vaishali

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Satya Prakash Sinha For the Opposite Party/s : Mr.Raj Ballabh Singh

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 27-03-2024 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 Mahua P.S. Case No. 08 of 2023 for the offences punishable under Sections 341, 323, 379, 385, 354, 504, 506 and 34 of the Indian Penal Code.

3. It is next submitted that investigation in the case is still going on.

Patna High Court CR. MISC. No.17515 of 2024(2) dt.27-03-2024 2/2

4. The learned APP submits that the offence for which the instant FIR has been instituted, carries punishment of less than seven years, the said submission of the learned APP is not disputed by learned counsel appearing on behalf of the petitioners.

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 and the Investigating Officer of the case, within a period of three weeks from today, with a web copy of the order dated 132-2024 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)

SUMIT/-

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