Shailesh Vishwakarma @ Shailesh Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8238 of 2018 Arising Out of PS.Case No. -343 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Shailesh Vishwakarma @ Shailesh Mistri

2. Dasrath Vihswakarma Both Sons of Balgovind Vishwakarma

3. Shivbalak Yadav Son of Sukh Deo Yadav All Resident of VillageMurala chak, P.S. Warisali ganj, District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2018 After some argument, the learned counsel for the petitioners seeks permission to withdraw the present petition as far as petitioners no.1 and 2 are concerned.

Accordingly, it is directed that in case the petitioners no.1 and 2 surrender before the court below within a period of six weeks from today, the learned court below shall consider and dispose of the prayer for grant of regular bail on the same day.

The learned counsel for the informant has appeared and made submissions.

In such view of the matter, the present petition as against the petitioners no.1 and 2 is disposed of as withdrawn.

Patna High Court Cr.Misc. No.8238 of 2018 (3) dt.26-02-2018 2/2 Now coming to the merits of the present case, there is allegation and counter allegation between the accused side as well as the prosecution side as well as they are said to have assaulted each other resulting in injuries being sustained by both the sides.

The learned counsel for the petitioners submits that as far as petitioner no.3 is concerned, there is no specific allegation of any overt act as against him and he is having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioner no.3 herein to the privilege of anticipatory bail, in t he even of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Nawada in connection with Warisaliganj P.S. Case No.343 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) N.H./- U T