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Patna High CourtCR. MISC./68283/2018allowed

Balram Yadav And ORS v. The State Of Bihar

2018-12-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68283 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- LAXMIPUR District- Jamui ======================================================

1. Balram Yadav, Son of Rajendra Yadav, Resident of VillageRampur Tola, Thektar, P.S.- Laxmipur, District- Jamui.

2. Sonu Kumar, Son of Deepak Kumar,

3. Sachu Kumar, Son of Sada Yadav, Both are resident of VillageBanduli, P.S.- Gangta, District- Munger. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kartik Kumar Sinha For the Opposite Party/s :

Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

The learned counsel appearing for the petitioners seeks permission to withdraw the anticipatory bail application on behalf of the petitioner No.1 Accordingly, the present anticipatory bail application on behalf of the petitioner No.1 is to be withdrawn. However, withdrawal of the anticipatory bail application will not cause prejudice to the petitioner no.1 and in the event, the petitioner no.1 surrender before the Court below and prays for regular bail, the Court below is hereby directed to dispose of the application for regular bail of the petitioner no.1 on the same day in

Patna High Court Cr.Misc. No.68283 of 2018(2) dt.14-12-2018 2/2 accordance with law without being prejudice by this order. The remaining petitioners No.2 to 3 are apprehending their arrest in connection with Laxmipur P.S. Case No. 70 of 2018 for the offence under Sections 341/ 323 /324/ 308/ 504/ 325/ 34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that there is no allegation of overt act against petitioners No.2 and 3.

Considering the aforesaid facts the Court is inclined to grant anticipatory bail to the petitioners No. 2 and 3, let the petitioners No. 2 and 3 above named, in the event of arrest or surrender within one moth from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate, III, Jamui in connection with Laxmipur P.S. Case No. 70 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./- U T