Uma Kant Pd. Kamat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54960 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- PHULPARAS District- Madhubani ======================================================

1. Uma Kant Pd. Kamat, S/o Late Sukhdeo Kamat,

2. Deo Kant Pd. @ Deo Kant Prasad S/o Late Shukhdeo Kamat,

3. Satya Nr. Kamat S/o Sukhdeo Kamat, All R/o Vill.- Suryahi, P.S.- Phulpras, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Vinod Shankar Modi ====================================================== 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 Phulparas P.S. Case No. 91 of 2018 for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 504, 506 of the Indian Penal Code and 27 of Arms Act. Learned counsel for the petitioner submits that petitioners have no criminal antecedent. There is case and counter case. Learned counsel for the informant has drawn attention to this Court that allegation of assault is against petitioners No. 2 and 3.

Considering the above the Court is not inclined to grant privilege of anticipatory bail to petitioners No. 2 and 3.

Patna High Court Cr.Misc. No.54960 of 2018(2) dt.08-10-2018 2/2 Accordingly, anticipatory bail application of petitioners No.2 and 3 is hereby dismissed.

However, there is no allegation of assault alleged against the Petitioner No.1, in that view of the matter, petitioner no.1, 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 Additional Chief Judicial, Magistrate II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 91 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. However, dismissal of the anticipatory bail application will not cause prejudice to the petitioners No. 2 and 3 and in the event, the petitioners No. 2 and 3 surrender before the Court below and pray for their regular bail, the Court below is hereby directed to dispose of the application for regular bail of the petitioners No.2 and 3 on the same day in accordance with law without being prejudiced by this order. (Anil Kumar Upadhyay, J) T.Kr./- U T