Kmalkishor Passwan @ Kamal Kishor Paswan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Kmalkishor Passwan @ Kamal Kishor Paswan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No anticipatory bail granted or refused; the application was disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar), with liberty to the petitioner to file a representation within three weeks before the concerned Superintendent of Police and the Investigating Officer with a web copy of that order, and the Superintendent of Police to ensure the Investigating Officer strictly adheres to its directions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Kmalkishor Passwan @ Kamal Kishor Paswan, who apprehends arrest in connection with Banka P.S. Case No.550/2023 registered for offences punishable under Sections 447, 341, 323, 379, 308, 34 IPC. +1 more

Ratio / Principle

As the offences alleged carry a punishment of seven years and less and the investigation is continuing without any notice under Section 41(1)(b) Cr.P.C., 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).

Key takeaways

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).ratio¶19
The Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).ratio¶19

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J), Criminal Miscellaneous No.37769 of 2025, oral order dated 18-06-2025 — Anticipatory bail: Kmalkishor Passwan @ Kamal Kishor Paswan apprehending arrest in Banka P.S. Case No.550/2023 (offences punishable under Sections 447, 341, 323, 379, 308, 34 IPC; punishment of 7 years and less; investigation continuing without notice under Section 41(1)(b) Cr.P.C.). 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 may file a representation within three weeks before the concerned Superintendent of Police and the Investigating Officer with a web copy of that order; the Superintendent of Police to ensure the Investigating Officer strictly adheres to the directions contained therein.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37769 of 2025

Arising Out of PS. Case No.-550 Year-2023 Thana- BANKA District- Banka

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

Kmalkishor Passwan @ Kamal Kishor Paswan S/o Ganesh Paswan Resident of village- Riga, P.S.- Banka, District- Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Mishra For the Opposite Party/s : Mr. Pawan Kumar Chaurasia ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 18-06-2025

Heard the learned counsel for the petitioner and the

learned APP for the State.

The petitioner apprehends his arrest in connection with Banka P.S. Case No.550/2023, registered for the offences punishable under Sections 447, 341, 323, 379, 308, 34 of the Indian Penal Code.

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 41(1)(b)

Patna High Court CR. MISC. No.37769 of 2025(2) dt.18-06-2025 2/2

Cr.P.C., on which, the learned APP submits that the case be disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

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.3536/2024 (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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