Manoj Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Manoj Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No bail order as such: the anticipatory bail application was disposed of in terms of the 13.02.2024 Naushad Ansari order; petitioners given liberty to file a representation before the concerned Superintendent of Police and Investigating Officer with a web copy of that order within three weeks, with the SP to ensure Investigating Officer adherence.

Issue for consideration

How should the anticipatory bail application of the four petitioners be dealt with, given the learned APP's submission (undisputed by the petitioners' counsel) that the offences in the FIR carry punishment of less than seven years? +1 more

Court's answer

The petitioners are 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.

Ratio / Principle

In view of the learned APP's submissions (including that the FIR offences carry punishment of less than seven years, undisputed by the petitioners' counsel), the anticipatory bail application is disposed of in terms of the Court's order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. The State of Bihar).

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¶24

Detailed headnote1 paragraphs

Anticipatory bail application of four petitioners — Manoj Yadav, Dinesh yadav, Chhotu yadav and Dharmavir yadav — in Criminal Miscellaneous No.59540 of 2024, arising out of PS Case No.1225 of 2023 (Sherghati PS, Gaya), was disposed of by the Patna High Court (Satyavrat Verma, J, 17-09-2024) in terms of the Court's order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. The State of Bihar). The disposal followed the learned APP's submission — undisputed by the petitioners' counsel — that the offences in the FIR carry punishment of less than seven years, and that investigation was continuing without the petitioners having been given the benefit of Section 41(A) of the Cr.P.C. The petitioners were left at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer with a web copy of the Naushad Ansari order within three weeks, and the Superintendent of Police was directed to ensure that the Investigating Officer strictly adheres to the directions contained in that order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59540 of 2024

Arising Out of PS. Case No.-1225 Year-2023 Thana- SHERGHATI District- Gaya

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Manoj Yadav son of Gopal Yadav Village -Ghodwadih PS -Dobhi Dist -Gaya

Dinesh yadav son of Saryu yadav Village -Shivratipur, PS -Dobhi Dist -Gaya

Chhotu yadav son of Ramdev Yadav village- Sahajpur, Ps- Barachatti, DisttGaya

Dharmavir yadav son of Chamari yadav village- Bajaura, ps- Dobhi, DistGaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Vijay Kumar, Advocate For the Opposite Party/s : Mr.Ajit Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 17-09-2024

Heard learned counsel for the petitioners and learned APP for the State.

The learned APP at the outset submits that the offences for which the instant FIR has been instituted 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 petitioners.

The learned counsel for the petitioners further submit that investigation in the case against the petitioners is still continuing and the petitioners have not been given the

Patna High Court CR. MISC. No.59540 of 2024(2) dt.17-09-2024 2/2

benefit of Section 41(A) of the Cr.P.C., on which the learned APP submits that the anticipatory bail application be 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).

In view of the submissions 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 petitioners 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)

Prakash Narayan U T