The court disposed of an anticipatory bail application by relying on a prior order, directing police authorities to prevent mechanical arrests and adhere to legal directions regarding Section 41(A) of Cr.P.C.
Application disposed of; directive issued to police to adhere to prior order against mechanical arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63645 of 2023
Arising Out of PS. Case No.-1154 Year-2022 Thana- BIHTA District- Patna
======================================================
Bihari Yadav, Son Of Kamta Yadav Village- Parev PS- Bihta Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shashikant For the Opposite Party/s : Mr.Surendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 20-08-2024
arrest in Bihta P. S. Case No.1154 of 2022 registered for the offences punishable under Sections 341, 354(A), 354(B), 323, 379 and 34 of the I.P.C.
Patna High Court CR. MISC. No.63645 of 2023(3) dt.20-08-2024 2/4
continuing and petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which learned A.P.P. submits that anticipatory bail application be disposed of in terms of order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar).
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 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 order dated 13.02.2024 in Cr. Misc. No.3536 of 2024.
Patna High Court CR. MISC. No.63645 of 2023(3) dt.20-08-2024 3/4
order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar) has clearly directed that how an accused is to be treated against whom an F.I.R. is instituted carrying punishment of 7 years and less. It is next submitted that the order also records the consequences of the breach of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar).
Patna High Court CR. MISC. No.63645 of 2023(3) dt.20-08-2024 4/4
mechanical orders would not be passed by the learned Additional Sessions Judge-VI, Danapur, Patna (Mr. Brajesh Kumar Singh), the Superintendent of Police, West, Patna and the I.O. of the case shall remain careful and shall also ensure that the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar) is not breached with impunity, failing which the Court would be constrained to initiate departmental/contempt proceedings against the erring officials.
learned Sessions Judge, Patna, the Superintendent of Police, West, Patna for onward communication to the Additional Sessions Judge-VI, Danapur, Patna (Mr. Brajesh Kumar Singh) and the I.O. of the case for their perusal and necessary action.
(Satyavrat Verma, J)
vikash/-
U T
1 issue framed by the court
Whether to dispose of the anticipatory bail application based on the existing order regarding mechanical arrest in cases with punishment less than 7 years.
Colour shows how this judgement treated each authority
(4). Naushad Ansari vs. the State of BiharReferred¶8
BIHARI YADAV
THE STATE OF BIHAR
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
