Md Rakib Ansari @ Rakib Ali Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md Rakib Ansari @ Rakib Ali Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No anticipatory bail granted; petitioner given liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case within three weeks from the date of the order with a web copy of the order, in terms of Section 35 B.N.S.S.; the Superintendent of Police to ensure the Investigating Officer strictly adheres to Section 35 B.N.S.S.; copy of the order to be sent via the District Judge, Nawada to the District and Additional Sessions Judge-II, Nawada for perusal of the order dated 13.02.2024 in Cr. Misc. No.3536/2024.

Issue for consideration

Grant of anticipatory bail to the petitioner apprehending arrest in Akbarpur P.S. Case No.483/2024 (Nawada), registered under Sections 126(2), 115(2), 85, 351(2), 352 and 3(5) of the B.N.S.S. and Section 4 of the D.P. Act, offences stated (by the APP, undisputed) to carry punishment of less than 7 years. +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 a period of three weeks from the date of the order, with a web copy of the order, 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.

Key takeaways

A copy of the order is to be sent to the learned District Judge, Nawada for onward communication to the learned District and Additional Sessions Judge-II, Nawada for his perusal.ratio¶22
For the present the Court is not seeking any explanation from the learned District and Additional Sessions Judge-II, Nawada, but he is directed to go through the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail application, CR. MISC. No.42914 of 2025, Patna High Court (Satyavrat Verma, J, oral order, 16-07-2025), arising out of Akbarpur P.S. Case No.483/2024 (Nawada), registered for offences punishable under Sections 126(2), 115(2), 85, 351(2), 352 and 3(5) of the B.N.S.S. and Section 4 of the D.P. Act, which the learned APP stated (undisputedly) carry punishment of less than 7 years. Investigation against petitioner Md Rakib Ansari @ Rakib Ali was still continuing and no notice had been issued to him under Section 35 of the B.N.S.S. (stated by the APP to be akin to Section 41(1)(b) Cr.P.C.). Without adjudicating the bail request, 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, with a web copy of the order, in terms of Section 35 B.N.S.S.; the Superintendent of Police was directed to ensure the Investigating Officer strictly adhered to Section 35 B.N.S.S. A copy of the order was to be sent to the District Judge, Nawada for onward communication to the District and Additional Sessions Judge-II, Nawada, who was directed to go through this Court's order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar) considering the scope of Section 41(A) Cr.P.C., though the Court clarified it was not presently seeking any explanation from him.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42914 of 2025

Arising Out of PS. Case No.-483 Year-2024 Thana- AKBARPUR District- Nawada

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

Md Rakib Ansari @ Rakib Ali Son of Md Allauddin Miyan R/o Vill - Ektara P.S- - Thali, Distt.- Nawada

... ... Petitioner/s

Versus

The State of Bihar

Umme Habiba Praveen Wife of Md. Rakib Ansari, D/o Mukhtar Ansari R/O Makdumpur Rajhat, P.S Akbarpur, Distt.- Nawada

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shashank Chandra, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 16-07-2025

Heard the learned counsel for the petitioner and the learned APP for the State Mr. Chandra Bhushan Prasad along with learned counsel appearing on behalf of the informant Mr. Deepak Kumar.

The petitioner apprehends his arrest in connection with Akbarpur P.S. Case No.483/2024, registered for the offences punishable under Sections 126 (2), 115(2), 85, 351(2), 352 and 3(5) of the B.N.S.S. & Section 4 of the D.P. Act.

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 less than 7 years. The said submission of the learned APP is not disputed by the learned

Patna High Court CR. MISC. No.42914 of 2025(2) dt.16-07-2025 2/3

counsel appearing on behalf of the petitioner and the informant. 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 issued notice under Section 35 of the B.N.S.S.

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 with a web copy of the order, 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.

Patna High Court CR. MISC. No.42914 of 2025(2) dt.16-07-2025 3/3

Let a copy of this order be sent to the learned District Judge, Nawada for its onward communication to the learned District and Additional Sessions Judge-II, Nawada for his perusal.

It is made clear that for the present, the Court is not seeking any explanation from the learned District and Additional Sessions Judge-II, Nawada but then he is directed to go through the order dated 13.02.2024 in Cr. Misc. No.3536/2024.

(Satyavrat Verma, J)

amit/-

U T