Ramesh Yadav @ Ramesh Kumar Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Ramesh Yadav @ Ramesh Kumar Yadav 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 granted liberty to file a representation before the concerned Superintendent of Police and Investigating Officer with a web copy of that order within three weeks, and the Superintendent of Police directed to ensure the Investigating Officer adheres to the directions in that order.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail in G.O./PS Case No. 24 of 2020 registered under sections 33, 41 and 42 of the Indian Forest Act, 1927, where the offence is stated to carry punishment of less than seven years.

Court's answer

In view of the learned APP's undisputed submission that the offence in G.O. Case No. 24 of 2020 carries punishment of less than seven years, 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¶15

Detailed headnote1 paragraphs

Anticipatory bail - Indian Forest Act, 1927, Ss. 33, 41, 42 - PS Case No. 24 of 2020, Forest (Government Official) police station, Nawada - offence stated to carry punishment of less than seven years, submission not disputed by defence counsel - anticipatory bail application (earlier rejected by Additional Sessions Judge, Ist, Nawada on 20.04.2023) 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 representation before the concerned Superintendent of Police and Investigating Officer with a web copy of that order within three weeks - Superintendent of Police to ensure Investigating Officer strictly adheres to the directions in the Naushad Ansari order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4696 of 2024

Arising Out of PS. Case No.-24 Year-2020 Thana- FOREST (GOVERNMENT OFFICIAL) District- Nawada

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

Ramesh Yadav @ Ramesh Kumar Yadav Son of Baleshwar Yadav R/o vill - Parho, P.S. - Koderma, Distt. - Koderma

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Ojha, Advocate Mr. Vivek Kumar Sinha, Advocate For the Opposite Party/s : Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 20-02-2024

Heard Mr. Ajit Kumar Ojha, learned counsel for

the petitioner as well as learned APP for the State.

The learned counsel submits that the petitioner seeks anticipatory bail in a case registered under sections 33,41 and 42 of the Indian Forest Act, 1927.

It is next submitted that the anticipatory bail application of the petitioner was rejected by the learned Additional Sessions Judge, Ist, Nawada, by an order dated 20.04.2023.

The learned APP at this stage submits that the offence for which the instant G.O. Case No.24 of 2020 has been registered 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.

Patna High Court CR. MISC. No.4696 of 2024(3) dt.20-02-2024 2/2

In view of the submission 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)