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Patna High CourtCR. MISC./13893/2018partly allowed disposal

Yugal Yadav And ORS v. The State Of Bihar

2018-04-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13893 of 2018 Arising Out of PS. Case No.-55 Year-2017 Thana- KAJRAULICHAK District- Bhagalpur ======================================================

1. Yugal Yadav, Son of Mithu Yadav.

2. Jhakari Yadav, Wife of Mithu Yadav.

3. Subodh Yadav, Son of Naresh Yadav.

4. Tikuwa Yadav, Son of Jhakari Yadav. All are Resident of VillageKumrath, P.S. Kajraili, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Sri Upendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-04-2018 In view of the nature of allegation, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition on behalf of the petitioner No. 1, Yugal Yadav. Permission is granted. The petition, so far as petitioner No. 1, Yugal Yadav is concerned, stands dismissed as withdrawn.

In case the petitioner no. 1, Yugal Yadav approaches the court below for regular bail on surrender, the court below will dispose of the regular bail petition on its own merit on the same day without being prejudiced by the withdrawal of the present application.

Adverting to the case of petitioner Nos. 2 to 4, it is

Patna High Court Cr.Misc. No.13893 of 2018(2) dt.05-04-2018 2/2 stated that they are apprehending arrest in connection Kajraili P.S. Case No. 55 of 2017 for the offence under Sections 147, 148, 323, 307, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. From the FIR it appears that there is no allegation of any specific overt act causing any injury against petitioner nos. 2 to 4 and from the background of the incident as enumerated in the FIR, it appears that for a trivial matter scuffle took place between the parties. Considering the aforesaid, Let the petitioner No. 2 to 4 above named, in the event of arrest or surrender within four weeks 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 Additional Chief Judicial Magistrate, XIV, Bhagalpur in connection with Kajraili P. S. Case No. 55 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.

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