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

Ritesh 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 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari v. The State of Bihar); liberty to petitioners to file representation before the concerned Superintendent of Police and Investigating Officer within three weeks with a web copy of that order; concerned SP directed to ensure the IO strictly adheres to the directions in that order.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners, who apprehend arrest in Birpur P.S. Case No. 69 of 2023 (offences punishable under Sections 342, 363 and 365 IPC).

Court's answer

In view of the submissions of the learned A.P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari v. The State of Bihar).

Ratio / Principle

The petitioners are at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer within three weeks, enclosing a web copy of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

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 passed in Cr. Misc. No. 3536 of 2024.ratio¶7

Detailed headnote1 paragraphs

Anticipatory bail — disposal in terms of earlier guidelines order. Petitioners apprehended arrest in Birpur P.S. Case No. 69 of 2023 (dated 13.05.2023) for offences punishable under Sections 342, 363 and 365 IPC, which, as submitted by the learned A.P.P. and not disputed, carry a punishment of seven years and less; investigation was ongoing. The Court (Satyavrat Verma, J) disposed of the anticipatory bail application in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari v. The State of Bihar), granted the petitioners 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, and directed the concerned SP to ensure that the IO strictly adheres to the directions contained therein.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24517 of 2024

Arising Out of PS. Case No.-69 Year-2023 Thana- BEERPUR District- Begusarai

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Ritesh Kumar Son of Shivnandan Mahto @ Shiv Shankar Mahto Resident of Village- Munichak Mozafra, Ward No. 1 Karim Tol, P.S.- Birpur, Dist.Begusarai

Sanjeev Kumar Son of Brahemdev Mahto Resident of Village- Munichak Mozafra, Ward No. 1 Karim Tol, P.S.- Birpur, Dist.- Begusarai

Kanchan Kumari Wife of Vivek Kumar Resident of Village- Ward No. 8, Makhawa Naula, P.S.- Bhagwanpur, District- Begusarai

... ... Petitioner/s

The State of Bihar

Versus ... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

3 05-07-2024

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Birpur P.S. Case No. 69 of 2023, dated 13.05.2023 registered for the offences punishable under Sections 342, 363 and 365 of the Indian Penal Code.

Learned A.P.P. for the State, at the outset, submits that the offences for which the instant FIR has been instituted carry punishment of seven years and less.

The said submission of the learned A.P.P. is not disputed by the learned counsel appearing on behalf of the petitioners.

Patna High Court CR. MISC. No.24517 of 2024(3) dt.05-07-2024 2/2

Learned counsel for the petitioners submits that the investigation of the case against the petitioners is still going on, on which learned A.P.P. submits that the anticipatory bail application be disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

In view of the aforesaid submissions made by the learned A.P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

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 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the said order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

(Satyavrat Verma, J)

Kundan/-

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