Patna High CourtCR. MISC./55061/2018partly allowed disposal

Md. Mustaque And ANR 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.55061 of 2018 Arising Out of PS. Case No.-275 Year-2016 Thana- CHHATAPUR District- Supaul ======================================================

1. Md. Mustaque S/o Late Ashraf

2. Md. Aminuddih @ Md. Amin S/o Late Ashraf Both are resident of Village - Rampur, P.S. Chhatapur, District - Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-10-2018 Heard counsel for the petitioners and counsel appearing on behalf of the State.

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application on behalf of the petitioner No. 1.

The application is dismissed as withdrawn so far as the petitioner No. 1 is concerned. The withdrawal of this application for anticipatory bail will not cause prejudice to the petitioner No. 1. In case he surrenders and prays for regular bail, the court below is directed to dispose of the regular bail application on the same day without being prejudiced by the withdrawal of this application.

The petitioner No. 2 is apprehending arrest in

Patna High Court Cr.Misc. No.55061 of 2018(2) dt.08-10-2018 2/2 connection with Chhatapur P.S. Case No. 275 of 2016 for offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Considering the totality of the fact situation and the fact that the petitioner No. 2 has no criminal antecedent, 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 Additional Chief Judicial Magistrate IV, Supaul in connection with Chhatapur P. S. Case No. 275 of 2016, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Anil Kumar Upadhyay, J) spandey/- U T