Md. Naushad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Naushad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail application disposed of without decision on merits; petitioners given liberty 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.; Superintendent of Police to ensure the Investigating Officer strictly adheres to Section 35 B.N.S.S.; copy of the order to be sent to the District Judge, Lakhisarai for onward communication to the District and Additional Sessions Judge-III, Lakhisarai, who is directed to go through the order dated 13.02.2024 in Cr. Misc. No.3536/2024.

Issue for consideration

Whether the anticipatory bail application of the petitioners, who apprehend arrest in connection with Surajgarha P.S. Case No.120/2025 registered for offences punishable under Sections 305 & 3(5) of the B.N.S.S., should be granted or otherwise dealt with, given that the investigation is continuing and no notice under Section 35 of the B.N.S.S. has been issued.

Court's answer

Anticipatory bail application disposed of with liberty to the petitioners to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case within three weeks from today 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

Copy of the order to be sent to the learned District Judge, Lakhisarai for onward communication to the learned District and Additional Sessions Judge-III, Lakhisarai for his perusal; the Court clarified it is not seeking any explanation from him for the present, but directed him to go through the order dated 13.02.2024 in Cr. Misc. No.3536/2024.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), Criminal Miscellaneous No.42915 of 2025, decided 16-07-2025: Anticipatory bail application of Md. Naushad and Md. Azad, who apprehended arrest in Surajgarha P.S. Case No.120/2025 (District Lakhisarai) registered for offences punishable under Sections 305 & 3(5) of the B.N.S.S. (learned APP stating punishment up to 7 years), disposed of without deciding the bail plea on merits. Investigation was continuing and no notice under Section 35 of the B.N.S.S. had been issued. Petitioners were granted liberty 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., and 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, Lakhisarai for onward communication to the District and Additional Sessions Judge-III, Lakhisarai, who — the Court clarifying it was not seeking any explanation from him for the present — 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) on the scope of Section 41(A) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42915 of 2025

Arising Out of PS. Case No.-120 Year-2025 Thana- SURYAGARHA District- Lakhisarai

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

Md. Naushad S/o Md. Usman R/o Village- Mohammadpur, P. S. - Surajgarha, District- Lakhisarai.

Md. Azad S/o Md. Usman R/o Village- Mohammadpur, P. S. - Surajgarha, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, 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 petitioners and

the learned APP for the State Mr. Chandra Bhushan Prasad.

The petitioners apprehend their arrest in connection with Surajgarha P.S. Case No.120/2025, registered for the offences punishable under Sections 305 & 3(5) 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 petitioners carries punishment up to 7 years. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioners and the informant.

The learned counsel for the petitioners further submits that the investigation in the case against the petitioners is still continuing

Patna High Court CR. MISC. No.42915 of 2025(2) dt.16-07-2025 2/3

but then the petitioners have 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 petitioners 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 petitioners 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.

Let a copy of this order be sent to the learned District Judge, Lakhisarai for its onward communication to the learned District and Additional Sessions Judge-III, Lakhisarai

Patna High Court CR. MISC. No.42915 of 2025(2) dt.16-07-2025 3/3

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-III, Lakhisarai 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