Vikesh Kumar @ Bikesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62553 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- DIGHWARA District- Saran ======================================================

1. Vikesh Kumar @ Bikesh Kumar Son of Karmdeo Manjhi

2. Parwati Devi, Wife of Karmdeo Manjhi

3. Bablu Kumar Manjhi, Son of Dharmdeo Manjhi All resident jof village-Kesharpur, ward No.2,Police Station-Dighwara,Distt.- Saran

4. Dinesh Manjhi, Son of Dhenuk Manjhi

5. Rohit Kumar, Son of Dinesh Manjhi Both residents of VillageJadopur,Police Station-Dighwara,Distt.-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Prem Sheela Pandey, Advocate For the Opposite Party/s :

Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-12-2018 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Dighwara P.S. Case No. 146 of 2018 for offences under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Counsel for the petitioners submits that allegation of assault is only against petitioner no.4 and as such he is not pressing the application on behalf of petitioner no. 4. he seeks permission to withdraw the application on behalf of petitioner no. 4 in order to enable him to approach the court below for grant of regular bail.

Considering the aforesaid, the application on behalf of petitioner no. 4, Dinesh Manjhi, son of Dhenuk

Patna High Court Cr.Misc. No.62553 of 2018(2) dt.12-12-2018 2/2 Manjhi is permitted to be withdrawn with liberty to approach the court below. In the event the petitioner no. 4 surrenders and pray for regular bail before the court below, the court below is directed to dispose of the same on its own merit on the same day.

So far as the prayer for anticipatory bail of petitioner nos. 1 to 3 and 5 is concerned, there is no allegation of any overt act.

Considering the aforesaid and the fact that petitioner nos. 1 to 3 and 5 have no criminal antecedent as stated in para-3 of the bail application, the court is inclined to enlarge the petitioner Nos. 1 to 3 and 5 on anticipatory bail. Let the petitioner Nos. 1 to 3 and 5, 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 Judicial Magistrate 1st Class, Saran, in connection with Dighwara P.S. Case No. 146 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P. C.

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