Samir Khan @ Md. Sameer Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Samir Khan @ Md. Sameer Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a representation before the concerned Superintendent of Police and the Investigating Officer within three weeks in terms of Section 35 B.N.S.S.; the Superintendent of Police directed to ensure the Investigating Officer strictly adheres to Section 35 B.N.S.S.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner who apprehends arrest in Shri Krishna Puri P.S. Case No.301/2024, registered for offences punishable under Section 304(2) of the B.N.S.S. +1 more

Court's answer

The anticipatory bail application is disposed of with liberty to the petitioner to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case within three weeks, in terms of Section 35 B.N.S.S.

Ratio / Principle

The concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the provision contained in Section 35 B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail application of Samir Khan @ Md. Sameer (Criminal Miscellaneous No.22457 of 2025, decided 16-05-2025, Patna High Court, Satyavrat Verma, J), arising from Shri Krishna Puri P.S. Case No.301/2024, registered for offences punishable under Section 304(2) of the B.N.S.S., stated to carry a punishment of 7 years and less. Noting that the petitioner had not been given notice under Section 35 of the B.N.S.S. (submitted by the learned APP to be akin to Section 41(1)(b) Cr.P.C.), the Court disposed of the application with liberty to the petitioner to file a representation before the concerned Superintendent of Police and the Investigating Officer within three weeks in terms of Section 35 B.N.S.S., and directed the Superintendent of Police to ensure that the Investigating Officer strictly adheres to Section 35 B.N.S.S. The learned APP referred to this Court's order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar) on the scope of Section 41(A) Cr.P.C.; no independent engagement with that precedent occurs in this order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22457 of 2025

Arising Out of PS. Case No.-301 Year-2024 Thana- SHRIKRISHNAPURI District- Patna

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

Samir Khan @ Md. Sameer S/O Md. Shahid R/o Lodipur Near Golder, P.S.Gandhi Maidan, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ram Jiban Pd Singh For the Opposite Party/s : Mr. Md. Mushtaque Alam ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 16-05-2025

Heard the learned counsel for the petitioner and the

learned APP for the State.

The petitioner apprehends his arrest in connection with Shri Krishna Puri P.S. Case No.301/2024, registered for the offences punishable under Section 304(2) of the B.N.S.S.

The learned APP at the outset submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries a punishment of 7 years and less. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner. The learned counsel for the petitioner further submits that the investigation in the case against the petitioner is still continuing but then the petitioner has not been given notice under Section 35 of the B.N.S.S.

Patna High Court CR. MISC. No.22457 of 2025(3) dt.16-05-2025 2/2

The learned APP at this stage submits that Section 35 B.N.S.S. is akin to Section 41(1)(b) Cr.P.C. It is next submitted that this Court considers the scope of Section 41(A) of the Cr.P.C. by an order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

The learned APP, thus submits that petitioner be directed to file a representation before the authority concerned in terms of Section 35 of the B.N.S.S.

After hearing the learned counsel for the parties, the anticipatory bail application is disposed of with a liberty to the petitioner 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 in terms of Section 35 B.N.S.S. and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adhere to the provision contained in Section 35 B.N.S.S.

(Satyavrat Verma, J)

amit/-

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