Dharmvir Yadav @ Dharambir Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.18874 of 2015 (2) dt.25-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18874 of 2015 Arising Out of PS.Case No. -44 Year- 2014 Thana -BASNAHI District- SAHARSA ======================================================

1. Kailash Yadav son of Late Yugeshwar Yadav, Resident of villageMokma, Tola Bijulia, P.S. Basnahi, District- Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22832 of 2015 Arising Out of PS.Case No. -44 Year- 2014 Thana -BASNAHI District- SAHARSA ======================================================

1. Dharmvir Yadav @ Dharambir Yadav son of Harsu Yadav Resident of village- Mokama Tola, Bijulia, Police Station- Basnahi, District- Saharsa. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.18874 of 2015) For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Akhileshwar Dayal(App) (In Cr.Misc. No.22832 of 2015) For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Navin Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-06-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecution appearing on behalf of the State. The petitioners seek anticipatory bail in a case registered for the offences punishable under Sections 147,148,149,341,323,302 of the Indian Penal Code and 27 of the

Patna High Court Cr.Misc. No.18874 of 2015 (2) dt.25-06-2015 Arms Act.

Learned counsel for the petitioners have submitted that no specific overt act has been alleged against these petitioners in the First Information Report, though there is specific allegation against other persons of shooting the deceased. They have submitted that the petitioners have been described only to be members of the mob.

However, learned counsel for the petitioners, in the facts and circumstances of the case, seeks permission to withdraw these applications and seek regular bail before the Court below. These applications are accordingly, dismissed as withdrawn.

The petitioners are directed to surrender before the Court below within two weeks from today. If they do so and file application for regular bail, their application shall be considered on its own merit without being prejudiced by the dismissal of the present anticipatory bail application upon having been withdrawn. (Chakradhari Sharan Singh, J) ArunKumar/- U