Sohan Prasad Gupta Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Sohan Prasad Gupta 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.3536/2024 (Naushad Ansari vs. State of Bihar); petitioner given liberty to file a representation within three weeks before the concerned Superintendent of Police and the Investigating Officer with a web copy of that order, which the Superintendent of Police shall ensure the Investigating Officer strictly adheres to.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Sasaram (M) P.S. Case No.611/2023, registered for offences punishable under Sections 379, 411 IPC and Section 194 M.V. Act, given the learned APP's submission that the offence carries a punishment of seven years and less.

Court's answer

In view of the learned APP's submission that the offence carries a punishment of seven years and less (which the petitioner's counsel did not dispute), the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

Ratio / Principle

The petitioner is at liberty to file a representation within three weeks before the concerned Superintendent of Police of the district and the Investigating Officer of the case with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar), 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 -- offence punishable with imprisonment of seven years or less -- learned APP submitted the offence under Sections 379, 411 IPC and Section 194 M.V. Act (PS Case No.611/2023, Sasaram) carries a punishment of 7 years and less, not disputed by petitioner's counsel -- application disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar) -- petitioner at liberty to file a representation within three weeks before the concerned Superintendent of Police and the Investigating Officer with a web copy of that order -- SP directed to ensure the Investigating Officer strictly adheres to the directions contained therein. (Satyavrat Verma, J.; paras 2-5)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4777 of 2024

Arising Out of PS. Case No.-611 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas

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

Sohan Prasad Gupta SON OF CHHTHU SAW Village- Kanda , PS -Bishrampur , Dist.- Palamu , Jharkhand

Mukesh Kumar Gupta @ Mukesh Kumar Guddu SON OF RAJ KISHOR PRASAD Village -Baliya Kothi , PS -Nasriganj , Dist.- Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 20-02-2024 1. Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Sasaram (M) P.S. Case No.611/2023 registered for the offence punishable under Sections 379, 411 of the Indian Penal Code & Sections 194 of M.V. Act.

The learned APP at the outset submits that the offence for which the instant F.I.R. has been instituted against the petitioner carries a punishment of 7 years and less to which the learned counsel for the petitioner does not dispute.

In view of the submission made by the learned APP the anticipatory bail application is disposed of in terms of the

Patna High Court CR. MISC. No.4777 of 2024(2) dt.20-02-2024 2/2

order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

The petitioner would be at liberty to file a representation within a period of three weeks from today before the concerned Superintendent of Police of the district and the Investigating Officer of the case with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar) and the Superintendent of Police shall ensure that Investigating Officer of the case strictly adhere to the direction contained in the said order.

(Satyavrat Verma, J)

amit/-

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