Patna High CourtCR. MISC./13822/2018partly allowed disposal

Mahesh Mahto @ Mahesh Kumar And ANR 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.13822 of 2018 Arising Out of PS. Case No.-220 Year-2017 Thana- SURYAGARHA District- Lakhisarai ======================================================

1. Mahesh Mahto @ Mahesh Kumar, S/o Gopal Mahto

2. Anil Mahto, S/o Parmeshwar Mahto, Both Resident of VillageKhalikpur, P.S.- Surajgarha, District- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Sri Kumar Virendra Narayan, advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-04-2018 In view of the nature of allegation, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition on behalf of the petitioner No. 2 Anil Mahto in order to enable him to move the court below for regular bail. Permission is granted. The petition, so far as petitioner No. 2, Anil Mahto is concerned, stands dismissed as withdrawn.

In case the petitioner no. 2, Anil Mahto approaches the court below for regular bail on surrender, the court below will dispose of the regular bail petition on its own merit on the same day without being prejudiced by the withdrawal of the present application.

So far as the case of petitioner No. 1 is concerned,

Patna High Court Cr.Misc. No.13822 of 2018(2) dt.05-04-2018 2/2 from the fardbeyan it appears that there is no specific overt act against this petitioner.

Considering the aforesaid, Let the 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 Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P. S. Case No. 220 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.

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