Patna High CourtCR. MISC./54996/2018partly allowed disposal

Govinda Manjhi And ORS v. The State Of Bihar

2018-10-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54996 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- DIGHWARA District- Saran ======================================================

1. Govinda Manjhi

2. Gulshan Manjhi @ Arjun Manjhi Both are S/o- Ashok Manjhi

3. Ramnath Manjhi S/o- Late Ram Nagina Manjhi, All are Resident of Village- Kesharpur, Ward No. 2, P.S.- Dighwara, DistrictSaran........................................................... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Dighwara P.S. Case No. 147 of 2018 for the offence under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Learned counsel for the petitioner does not press the anticipatory bail application filed on behalf of the petitioner No.1. Accordingly, anticipatory bail application of petitioner No.1, is dismissed as withdrawn.

Considering the nature of allegation levelled against the petitioner No.3, the Court is not inclined to grant privilege of anticipatory bail to the petitioner No.3. Accordingly, anticipatory bail application of petitioner No. 3, is hereby dismissed.

Patna High Court Cr.Misc. No.54996 of 2018(2) dt.08-10-2018 2/2 However, withdrawal of anticipatory bail application of petitioner No.1 and dismissal of the anticipatory bail application of petitioner No.3 will not cause prejudice to the petitioners No. 1 and 3 and in the event, the petitioners No. 1 and 3 surrender before the Court below and pray for regular bail, the Court below is hereby directed to dispose of the application for regular bail of the petitioners No.1 and 3 on the same day in accordance with law without being prejudiced by this order.

Considering nature of allegation levelled against petitioner No.2, the Court is inclined to grant him privilege of anticipatory bail, let the petitioner No. 2 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial, Magistrate, 1st Class, Saran at Chapra in connection with Dighwara P.S. Case No. 147 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) T.Kr./- U T