PATNA HIGH COURT ISSUES ORDER ON CHANDAN KUMAR JHA V/S THE STATE OF BIHAR

PATNA, India, June 11 -- Patna High Court issued the following order on May 13:

Vide order dated 28.03.2025, the prayer for anticipatory bail has already been dismissed as withdrawn with respect to petitioner no. 3, namely, Raja Jha @ Raja Kumar Jha.

2. Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner no. 2, namely, Aman Kumar Jha who was arrested during pendency of the anticipatory bail application.

3. Permission is accorded.

4. Accordingly, the prayer for anticipatory bail with respect to petitioner no. 2 is dismissed as withdrawn.

5. Heard learned counsel for the petitioner no. 1 and learned A.P.P. for the State.

6. The petitioner no. 1 apprehends his arrest in connection with Sabaur P.S. Case No. 407 of 2024, dated 27.11.2024 registered for the offences punishable under Sections 191(2), 191(3), 126(2), 115(2), 110, 353 and 351(2) of the BNS.

7. Learned A.P.P., at the outset, submits that the offences for which the instant FIR has been instituted carry punishment of seven years and less.

8. The said submission of the learned A.P.P. for the State is not disputed by the learned counsel appearing on behalf of the petitioner no. 1.

9. Learned counsel appearing on behalf of the petitioner no. 1 submits that the investigation in the case against the petitioner no. 1 is still continuing but then the petitioner no. 1 has not been issued notice under Section 35 of the BNSS.

10. At this stage, learned A.P.P. submits that Section 35 of the BNSS is akin to Section 41(1)(b) of the Cr.P.C.

11. It is submitted that this Court considered the scope of Section 41(1)(b) of the Cr.P.C. by an order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar), as such, learned A.P.P. submits that the petitioner no. 1 be directed to file a representation before the authorities concerned in terms of Section 35 of the BNSS.

12. At this stage, learned counsel appearing on behalf of the petitioner no. 1 submits that during pendency of the anticipatory bail application, the petitioners no. 2 and 3 were arrested. It is thus submitted that Section 35 of the BNSS is a mockery as the learned Judicial Magistrates and the Investigating Officers of the case do not care and the police arrest the accused persons when in law they are obliged to issue notice under Section 35 of the BNSS which is akin to Section 41 of the Cr.P.C. It is further submitted that this Court by its order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar) had considered the scope of Section 41(1)(b) of the Cr.P.C. which is akin to Section 35 of the BNSS but then it appears that both the police and the learned Judicial Magistrates are acting in a mechanical manner.

13. Put up this case on 20.06.2025 as part heard when the Station House Officer, Sabaur and the Investigating Officer of the case shall remain physically present before this Court to explain that under what circumstance petitioners no. 2 and 3 were arrested without giving them notice under Section 35 of the BNSS when the offences alleged carry punishment of seven years and less.

14. The learned 19th Additional Sessions Judge, Bhagalpur will furnish his explanation to this Court as to on what basis the anticipatory bail application of the petitioners was rejected and why the police was not directed to give notice to the petitioners under Section 35 of the BNSS.

15. The learned Judicial Magistrate shall also furnish his explanation that on what basis he allowed judicial custody of the petitioners no. 2 and 3 who were apprehended when they were not given notice under Section 35 of the BNSS.

16. Let a copy of this order be sent to the learned District Judge, Bhagalpur for its onward communication to the concerned learned 19th Additional Sessions Judge, Bhagalpur and the learned Judicial Magistrate who remanded the accused in custody.

17. It is made clear that before furnishing explanation the learned 19th Additional Sessions Judge, Bhagalpur and the learned Judicial Magistrate who remanded the accused to judicial custody shall read the order 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

18. The Station House Officer and the Investigating Officer of the case shall also file their affidavit explaining that under what circumstances the accused persons were arrested without giving them notice under Section 35 of the BNSS.

19. It is made clear that there shall be no coercive action against the petitioner no. 1 until the anticipatory bail application is finally adjudicated by this Court.

Disclaimer: Curated by HT Syndication.