Patna High CourtCR. MISC./53612/2017partly allowed disposal

Allauddin Dewan And ORS v. The State Of Bihar

2017-11-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53612 of 2017 Arising Out of PS. Case No. -412 Year- 2015 Thana -SIKARPUR District- WESTCHAMPARAN (BETTIAH) ======================================================

1. Allauddin Dewan, son of Anarul Dewan

2. Salauddin Dewan, son of Anarul Dewan

3. Gulfam Dewan, son of Ansarul Dewan

4. Irfan Dewan, son of Ansarul Dewan All residents of village- Satwariya, P.S.- Shikarpur, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and State. The petitioners apprehend their arrest in connection with Shikarpur P.S. case no. 412 of 2015 for the offence under Sections 147, 148, 149, 448, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

After some argument, counsel for the petitioners seeks permission to withdraw the anticipatory bail application filed on behalf of petitioner no.1, namely Allauddin Dewan. The bail application filed on behalf of petitioner no.1, namely, Allauddin Dewan is dismissed as withdrawn. However, withdrawal of the bail application will not in any manner prejudice the case of petitioner no.1, namely, Allauddin Dewan, if he surrenders before the court below and prays for regular bail. The

Patna High Court Cr.Misc. No.53612 of 2017 (2) dt.09-11-2017 2/2 bail application shall be considered on the same day on its own merit.

Counsel for the petitioners submits that so far as petitioner nos. 2, 3 and 4 are concerned, there is no allegation of any overt act against them. Counsel for the petitioners has drawn the attention of this Court to the order passed by a Co-ordinate Bench of this Court on 15.12.2015 in Cr. Misc. No. 56675 of 2015, whereby five persons have been granted anticipatory bail. Considering the fact that against these petitioners there is no specific overt act alleged and also considering the order passed in Cr. Misc. No. 56675 of 2015, the petitioner nos. 2 to 4, named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the amount each to the satisfaction of Additional Chief Judicial Magistrate, West Champaran at Bettiah in connection with Shikarpur P.S. case no. 412 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) Uday/- U T