Mukesh Kumar @ Mukesh Sahni Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Mukesh Kumar @ Mukesh Sahni 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 granted liberty 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 in that order.

Issue for consideration

Whether the petitioner, named in Ujiyarpur P.S. Case No. 235 of 2023 for offences under Sections 341, 323, 354, 379, 504, 506 and 34 IPC, is entitled to anticipatory bail.

Court's answer

In view of the learned APP's submission, 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), and the Superintendent of Police shall ensure that the Investigating Officer strictly adheres to the directions contained in that order.

Key takeaways

The offences in the FIR carry punishment of less than seven years, as submitted by the learned APP and not disputed by counsel for the petitioner; this formed the stated basis for disposing of the application in terms of the Naushad Ansari order.ratio¶14

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, Criminal Miscellaneous No. 20912 of 2024 (Mukesh Kumar @ Mukesh Sahni v. The State of Bihar), oral order dated 08-07-2024 by Satyavrat Verma, J.: petitioner sought anticipatory bail in Ujiyarpur P.S. Case No. 235 of 2023 registered under Sections 341, 323, 354, 379, 504, 506 and 34 IPC; investigation continuing; learned APP (undisputed) submitted the offences carried punishment of less than seven years. The 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), granted the petitioner liberty to file a representation before the concerned Superintendent of Police and Investigating Officer within three weeks with a web copy of that order, and directed the Superintendent of Police to ensure the Investigating Officer strictly adhered to the directions contained therein.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20912 of 2024

Arising Out of PS. Case No.-235 Year-2023 Thana- UJIYARPUR District- Samastipur

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

Mukesh Kumar @ Mukesh Sahni S/o Latwe Jugal Sahni R/o vill - Pataili, ward no. 8, P.s. - Ujiyarpur, Distt. - Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Rabindra Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 08-07-2024

1. Heard learned counsel for the petitioner and learned

A.P.P. for the State, Mr. Rabindra Kumar.

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Ujiyarpur P.S. Case No. 235 of 2023 registered for the offences punishable under Sections 341, 323, 354, 379, 504, 506 and 34 of the Indian Penal Code. It is further submitted that the investigation against the petitioner is still continuing.

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

4. In view of the submission made by the learned APP,

Patna High Court CR. MISC. No.20912 of 2024(3) dt.08-07-2024 2/2

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 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 13-22024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J)

rishabh/-

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