Patna High CourtCR. MISC./74427/2018partly allowed disposal

Yogendra Vishwas And ORS v. The State Of Bihar

2018-12-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74427 of 2018 Arising Out of PS. Case No.-157 Year-2018 Thana- AMAUR District- Purnia ======================================================

1. Yogendra Vishwas, Son of Ganesh Lal Vishwas

2. Bittu Kumar, Son of Yogendra Vishwas

3. Anjali Devi, wife of Yogendra Vishwas

4. Upendra Vishwas, son of Uchit Lal Vishwas

5. Bhumesh Vishwas @ Bhumeshwar Vishwas, son of Rajendra Vishwas

6. Chutru Vishwas, son of Mahendra Vishwas

7. Sanjay Kumar, son of Upendra Vishwas

8. Indra Devi, wife of Upendra Vishwas All resident of Dhartola, Baghdar, Police Station- Amour, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in connection with Amour P.S. Case No. 157 of 2018 for the offence under Sections 147, 149, 341, 342, 323, 324, 325, 307 and 504 of the Indian Penal Code.

Learned counsel for the petitioners seeks permission to withdraw the application for grant of anticipatory bail on behalf of petitioner no.1, namely, Yogendra Vishwas, as there is specific allegation of assault by rod.

Permission is accorded.

In the event, the petitioner no.1, namely, Yogendra

Patna High Court Cr.Misc. No.74427 of 2018(2) dt.18-12-2018 2/2 Vishwas, surrenders before the court below and prays for regular bail, the court below is directed to dispose of the application for grant of bail on the same day on its own merit without being influenced by the dismissal of anticipatory bail application by this Court.

So far as petitioner nos. 2 to 8 are concerned, learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. Referring to the prosecution case, he submits that there is case and counter case.

Considering the fact that petitioner nos. 2 to 8 have got no criminal antecedent and also the fact that there is no allegation of any assault against petitioner nos.2 to 8, the petitioner nos. 2 to 8, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 157 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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