Patna High CourtCR. MISC./13785/2018partly allowed disposal

Harendra Singh 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.13785 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -FATUHA District- PATNA ======================================================

1. Harendra Singh, Son of Awadhesh Singh

2. Sunil Singh, Son of Lala Singh.

3. Amak Singh Son of Mani Singh. All Resident of Village-Jaggubigha, P.S. Fatuha, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radhe Shyam For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner, counsel appearing on behalf of the State.

During the pendency of this bail application, petitioner No.1 has surrendered before the Court below as such his application for anticipatory bail now become infructuous. As such the anticipatory bail for petitioner No.1 is dismissed as infructuous. So far petitioner No.3 is concerned, the Court is not inclined to grant him anticipatory bail. In the event of surrender before the Court below, the Court below is directed to dispose of the bail application on the same day without being prejudiced of this order. Considering the case of petitioner No.2, the Court is of the view that in the instant case, when there is omnibus allegation,

Patna High Court Cr.Misc. No.13785 of 2018 (2) dt.05-04-2018 2/2 against petitioner No.2 who deserves anticipatory bail, let petitioner No.2, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Patna City in connection with Fatuha P.S. Case No.6 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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