Vivek Kumar @ Vishesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Vivek Kumar @ Vishesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail application disposed of in terms of the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar); petitioner given liberty to file a representation before the concerned Superintendent of Police and Investigating Officer within three weeks with a web copy of that order; Superintendent of Police directed to ensure the Investigating Officer strictly adheres to the directions contained therein.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Maner P.S. Case No. 159 of 2024 for offences punishable under Sections 356 and 379 of the Indian Penal Code. +1 more

Court's answer

In view of the submission made by the learned APP (that the offences carry punishment of less than seven years, a submission not disputed by counsel for the petitioner), the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

Ratio / Principle

The petitioner is at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case within three weeks, with a web copy of the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

Key takeaways

The concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail - Maner P.S. Case No. 159 of 2024, District Patna - offences punishable under Sections 356 and 379 IPC, carrying punishment of less than seven years (submission of learned APP, not disputed by defence counsel) - investigation still continuing; counsel for petitioner contended no notice under Section 41(A) Cr.P.C. had been given - application disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar) - petitioner at liberty to file representation before the concerned Superintendent of Police and Investigating Officer within three weeks with a web copy of that order - Superintendent of Police to ensure the Investigating Officer strictly adheres to the directions contained in the said order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83568 of 2024

Arising Out of PS. Case No.-159 Year-2024 Thana- MANER District- Patna

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

Vivek Kumar @ Vishesh Kumar S/o Dineshwar Rai @ Dineshwar Singh R/o Hathi Tola Maner, P.S.- Maner, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Sanjeev Kumar Mishra For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 19-04-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Rabindra Kumar.

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Maner P.S. Case No. 159 of 2024 for the offences punishable under Sections 356 and 379 of the Indian Penal Code.

3. The learned APP, at the outset, submits that the offences for which the instant FIR has been instituted, carries punishment of less than seven years, the said submission of the learned APP is not disputed by learned counsel appearing on behalf of the petitioner .

4. The learned counsel for the petitioner submits that investigation in the case against the petitioner is still continuing but then the petitioner has not been given notice under Section

Patna High Court CR. MISC. No.83568 of 2024(3) dt.19-04-2025 2/2

41(A) of the Cr.P.C, on which the learned APP submits that the case be disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

5. In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

6. The petitioner would be at liberty 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 dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the state of Bihar); and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Satyavrat Verma, J)

SUMIT/-

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