Ram Vilash Ram @ Ram Bilas Ram @ Gola Paswan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Ram Vilash Ram @ Ram Bilas Ram @ Gola Paswan 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 given liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer within three weeks with a web copy of that order; 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 petitioners, who apprehend arrest in connection with Delha P.S. Case No. 280 of 2022 for offences punishable under Sections 363, 365, 384 and 34 of the Indian Penal Code. +1 more

Court's answer

The petitioners were held to be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case 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).

Ratio / Principle

In view of the learned APP's undisputed submission that the offence for which the instant FIR was instituted carries punishment of seven years or less, 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).

Key takeaways

The concerned Superintendent of Police was directed to 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).ratio¶20

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), oral order dated 26-02-2024 in Criminal Miscellaneous No.18853 of 2023 arising out of Delha P.S. Case No. 280 of 2022 (Thana-Delha, District-Gaya): three petitioners apprehending arrest for offences punishable under Sections 363, 365, 384 and 34 of the Indian Penal Code sought anticipatory bail. The learned APP submitted, and counsel for the petitioners did not dispute, that the offence carries punishment of seven years or less. In view of this submission, the anticipatory bail application was 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 petitioners were given liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer within three weeks, with a web copy of that order; the concerned Superintendent of Police was directed to ensure that the Investigating Officer strictly adheres to the directions contained in that order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18853 of 2023

Arising Out of PS. Case No.-280 Year-2022 Thana- DELHA District- Gaya

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

RAM VILASH RAM @ RAM BILAS RAM @ GOLA PASWAN Son of Late Gangu Ram @ Late Basant Paswan R/o Mohalla- Kharkhura, Durga Asthan, Dusadh Toli, P.S- Delha Dist- Gaya

Ram Chandra Ram @ Ram Chandra Paswan @ Vilas Paswan Son of Late Shibu Paswan @ Late Gangu Paswan R/o Mohalla- Kharkhura, Durga Asthan, Dusadh Toli, P.S- Delha Dist- Gaya

Vikram Paswan Son of Ram Vilash Ram @ Ram Bilas Ram @ Gola Paswan R/o Mohalla- Kharkhura, Durga Asthan, Dusadh Toli, P.S- Delha Dist- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sarandha Suman For the Opposite Party/s : Mr. Rabindra Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 26-02-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Rabindra Kumar.

2. The petitioners apprehend their arrest in connection

with Delha P.S. Case No. 280 of 2022 for the offences punishable under Sections 363, 365, 384 and 34 of the Indian Penal Code.

3. The learned APP, Mr. Rabindra Kumar, submits that the offence for which the instant FIR has been instituted, carries punishment of seven years or less, the said submission of the learned APP is not disputed by learned counsel appearing on behalf of the petitioner.

Patna High Court CR. MISC. No.18853 of 2023(3) dt.26-02-2024 2/2

4. 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).

5. 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/-

U T