Patna High CourtCR. MISC./5059/2018partly allowed disposal

Sudama Paswan And ANR v. The State Of Bihar

2018-02-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5059 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -AMBA District- AURANGABAD ======================================================

1. Sudama Paswan, S/o Late Nand Keshwar Paswan,

2. Ashok Paswan S/o Sudama Paswan, Both R/o village- Ganghar, P.S.- Amba, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

After some argument, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition filed on behalf of petitioner No. 2 namely, Ashok Paswan. Accordingly, this petition filed on behalf of petitioner No. 2 named above is dismissed as withdrawn.

In the event, the petitioner No. 2 surrenders in the court below and files regular bail petition, it is expected that the court below will dispose of regular bail petition of the petitioner No. 2 on the same day on its own merit without being prejudiced by withdrawal of the application.

The petitioner No. 1 is apprehending arrest in connection

Patna High Court Cr.Misc. No.5059 of 2018 (3) dt.27-02-2018 with Amba P.S. Case No. 129 of 2017 instituted for offence under Sections-341, 323, 354/34 of the Indian Penal Code. Learned counsel for the petitioner No. 1 submits that there is no overt act against the petitioner. The petitioner has no criminal antecedent.

Considering the above, this court is inclined to grant anticipatory bail to the petitioner No. 1. Let the petitioner No. 1 above named in the event of arrest or surrender in the court below within a month from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 129 of 2017 subject to condition as laid down u/S 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) A.K.V./- U T