Patna High CourtCR. MISC./61572/2018disposed

Mahesh Singh And ANR v. The State Of Bihar

2019-02-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61572 of 2018 Arising Out of PS. Case No.-7 Year-2014 Thana- JAYNAGAR District- Madhubani ======================================================

1. Mahesh Singh Son of Late Kameshwar Singh,

2. Pramod Kumar Purbe @ Pramod Purbey Son of Sri Rameshwar Purbe Both are resident of Village- Jainagar Basti, P.S.- Jainagar, DistrictMadhubani. ... ... Petitioner/s

Versus

The State Of Bihar & another ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2019 Heard learned counsel appearing for petitioners as well as learned Addl. Public Prosecutor for State. No one appears on behalf of opposite party no. 2, though notice has already been served upon him.

Earlier prayer for anticipatory bail of the petitioners was rejected by this court vide order dated 18.05.2015 passed in Cr. Misc. No. 42411 of 2014, but again, this petition for grant of anticipatory bail was filed on 01.10.2018 that is near about after three years of first rejection.

However, learned counsel appearing for the petitioners submits that, as a matter of fact, parties have already entered into compromise and moreover, all sections are bailable

Patna High Court Cr.Misc. No.61572 of 2018(6) dt.20-02-2019 2/2 in nature except section 386 of the IPC which is not made out in the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition stands disposed of directing the petitioners to surrender before the trial court in connection with Jainagar P.S. case no. 07/2014 within six weeks from the date of receipt/ production of a copy of this order and if petitioners do so and seek regular bail the learned trial court shall pass appropriate order on regular bail application of the petitioners on the date of surrender, particularly, keeping in mind the arguments advanced before this court and also keeping in mind the factum of compromise, if any.

(Hemant Kumar Srivastava, J) s.hassan/-abhijeet U T