Fantoosh Yadav @ Funtush Yadav Vs The State of… — Mining and Natural Resources | Patna HC (2024)

Fantoosh Yadav @ Funtush Yadav Vs The State of… — Mining and Natural Resources | Patna HC (2024)

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; petitioner given 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 to ensure the Investigating Officer strictly adheres to the directions therein.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Amarpur P.S. Case No. 865 of 2023, should be granted anticipatory bail.

Court's answer

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 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 13.02.2024 passed in Cr. Misc. No. 3536 of 2024, and the Superintendent of Police shall ensure that the Investigating Officer strictly adheres to the directions contained in that order.

Detailed headnote1 paragraphs

Anticipatory bail - Petitioner apprehending arrest in Amarpur P.S. Case No. 865 of 2023 (dated 24.12.2023), registered under Sections 379 and 411 IPC, Rules 11, 41 and 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation & Storage) Rules, 2019, and Sections 4(1) and 21 of the Mines and Minerals (Development and Regulation) Act - Punishment for the offences submitted to be less than seven years, not disputed - Investigation ongoing - Application 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) - Petitioner at liberty to file representation before the concerned Superintendent of Police and Investigating Officer within three weeks with web copy of the said order; Superintendent of Police to ensure the Investigating Officer strictly adheres to the directions contained therein.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25139 of 2024

Arising Out of PS. Case No.-865 Year-2023 Thana- AMARPUR District- Banka

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

Fantoosh Yadav @ Funtush Yadav S/o- Bahadur Yadav Resident of VillageMadachak, P.S.- Amarpur, District- Banka

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Pandey, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P. Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 05-07-2024

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the Department of Mines.

The petitioner apprehends his arrest in connection with Amarpur P.S. Case No. 865 of 2023, dated 24.12.2023 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code, Rules 11, 41 and 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation & Storage) Rules, 2019 as well as Sections 4(1) and 21 of the Mines and Minerals (Development and Regulation) Act.

At the outset, learned counsel appearing on behalf of the Department of Mines submits that the offences for which the instant FIR has been instituted carry punishment of less than seven years.

The said submission of the learned counsel appearing

Patna High Court CR. MISC. No.25139 of 2024(3) dt.05-07-2024 2/2

on behalf of the Department of Mines is not disputed by the learned counsel appearing on behalf of the petitioner.

Learned counsel for the petitioner submits that the investigation of the case against the petitioner is still going on, on which learned counsel appearing on behalf of the Department of Mines 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 counsel appearing on behalf of the Department of Mines, 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 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 13.02.2024 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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