Manoj Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74805 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

Manoj Sah, son of Late Chhote Lal Sah

2. Raju Sah, son of Late Chhote Lal Sah

3. Manohar Sah, son of Late Chhote Lal Sah All resident of Village-Sudamnagar Mushari Tola, P.S.-Bhawanipur, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-01-2019 The petitioners seek bail in anticipation of their arrest in connection with Bihariganj P.S. Case No. 211 of 2018 dated 02.09.2018 instituted for the offences under Sections 302, 120(B), 34 of the Indian Penal Code. After some arguments, Mr. Uday Chand Prasad, learned counsel for the petitioners seeks permission to withdraw the present petition in order to enable the petitioners to surrender before the Court below and seek regular bail.

Should such an application be filed, the Court below shall take into account that though petitioners have

Patna High Court Cr.Misc. No.74805 of 2018(3) dt.28-01-2019 2/2 been named in the F.I.R but nothing specific has been attributed against them and there is no eye witness to the occurrence and shall pass orders in accordance with law without being prejudiced by the fact that the present petition for anticipatory bail has not been entertained. The petition is dismissed as withdrawn with the aforesaid observation.

(Ashutosh Kumar, J) Shageer/- U T