Patna High CourtCR. MISC./34283/2023withdrawn

Doman Yadav @ Doman Singh v. The State Of Bihar

2023-09-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34283 of 2023 Arising Out of PS. Case No.-71 Year-2021 Thana- CHANDI District- Bhojpur ====================================================== DOMAN YADAV @ DOMAN SINGH son of Late Suraj Yadav @ Suraj Singh Village- Kunjan Tola PS- Chandi Dist- Bhojpur ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Kant Singh, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP For the Informant :

Mr. Manish Chandra Gandhi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2023

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Chandi P.S. Case no. 71 of 2021 registered under sections 302 and 34 of the Indian Penal Code.

3. Pursuant to the order of this Court, report has been received from the I/C A.C.J.M. V, Civil Court, Ara (Bhojpur) contained in letter no. 73 dated 26.7.2023 to the effect that process section 82 Cr.P.C. has been issued against the petitioner and other accused persons on 8.4.2022.

4. After some argument, learned counsel for the petitioner seeks permission to withdraw this application to enable the petitioner to surrender in the court below and pray for regular bail. It is submitted by learned counsel for the petitioner that the case of the

Patna High Court CR. MISC. No.34283 of 2023(3) dt.11-09-2023 2/2 petitioner stands on a similar footing to that of a number of coaccused persons who have been granted bail including Mohan Yadav who has been granted anticipatory bail vide order dated 5.7.2022 passed in Cr. Misc. no. 53494 of 2021.

5. Having heard learned counsel for the parties the prayer made by learned counsel for the petitioner is allowed.

6. The application is disposed of as withdrawn.

7. The petitioner shall surrender in the court below within a period of four weeks.

8. In case the petitioner so surrenders within the aforesaid period and prays for regular bail the prayer for bail shall be considered on its own merit without being prejudiced by this order of rejection and taking into consideration the orders granting bail to the other accused in the instant FIR including the aforesaid order granting anticipatory bail to co-accused Mohan Yadav. (Partha Sarthy, J) Spd/- U T