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

Kundan Kumar 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 of 2024 (Naushad Ansari vs. The State of Bihar); petitioner permitted to file a representation before the concerned Superintendent of Police and Investigating Officer with a web copy of that order within three weeks, with the SP directed to ensure the IO strictly adheres to that order's directions.

Issue for consideration

How the petitioner's anticipatory bail application should be dealt with, given the learned APP's submission that the offences in the instant FIR carry punishment of seven years. +1 more

Court's answer

In view of the submissions 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 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 of the case, with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024, within three weeks.

Key takeaways

The concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. The State of Bihar).ratio¶18

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.) — Criminal Miscellaneous No.19974 of 2024 (arising out of PS Case No. 425 of 2023, Thana Bikram, Distt. Patna), order dated 19-09-2024: Anticipatory bail application of petitioner Kundan Kumar, in respect of offences stated by the learned APP to carry punishment of seven years, 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). Counsel for the informant had submitted that investigation was continuing and the petitioner had not been given the benefit of Section 41(A) of the Cr.P.C. The petitioner was held at liberty to file a representation before the concerned Superintendent of Police and Investigating Officer with a web copy of the 13.02.2024 order within three weeks, and the SP was directed to ensure the Investigating Officer strictly adhered to the directions contained in that order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19974 of 2024

Arising Out of PS. Case No.-425 Year-2023 Thana- BIKRAM District- Patna

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

Kundan Kumar S/o Sidhi Singh R/o vill - Hathsar, P.S. - Bikram, Distt. - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP Mr. Saroj Kumar Choudhary, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 19-09-2024

Heard learned counsel for the petitioner, learned APP

for the State and the learned counsel appearing on behalf of the informant.

The learned APP at the outset submits that the offences for which the instant FIR has been instituted carries punishment of seven years. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner and the informant.

The learned counsel appearing on behalf of the informant submits that investigation in the case against the petitioner is still continuing and the petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which the learned APP submits that the anticipatory bail application be disposed of in terms of the order dated 13.02.2024 in Cr. Misc.

Patna High Court CR. MISC. No.19974 of 2024(3) dt.19-09-2024 2/2

No.3536 of 2024 (Naushad Ansari vs. The State of Bihar).

In view of the submissions 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 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 with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 within a period of three weeks from today and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J)

Prakash Narayan U T