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Patna High CourtCR. MISC./75902/2018partly allowed disposal

Manish Kumar Yadav And ORS v. The State Of Bihar

2018-12-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75902 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- RAHIKA District- Madhubani ======================================================

1. Manish Kumar Yadav Son of Tej Narayan Yadav @ Teju Yadav

2. Bablu Kumar @ Bablu Kumar Yadav @ Bablu yadav Son of Rajendra Yadav

3. Rajendra Yadav Son of Late Sita Ram Yadav

4. Tej Narayan Yadav @ Teju Yadav Son of Late Sita Ram Yadav

5. Kali Yadav Son of Late Sita Ram Yadav

6. Rajesh Yadav @ Rajesh Kumar Yadav Son of Kari Yadav

7. Ranjeet Yadav @ Ranjeet Kumar Yadav Son of Shaukar Yadav All Resident of Village-Najirpur,P.S. Rahika,Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Rahika P.S. Case No. 62 of 2018 for the offence under Sections 147, 149, 323, 341, 342, 353 of the Indian Penal Code.

After some arguments, the learned counsel for the petitioner seeks permission to withdraw the present application for grant of anticipatory bail on behalf of petitioner No.4 in order to approach the Court below for regular bail. Considering the aforesaid, the present application for

Patna High Court Cr.Misc. No.75902 of 2018(2) dt.19-12-2018 2/2 granting anticipatory bail on behalf of petitioner No.4 is hereby dismissed as withdrawn. However, withdrawal of the anticipatory bail application will not cause prejudice to the petitioner no.4 and in the event, the petitioner No.4 surrender before the Court below and prays for regular bail, the Court below is hereby directed to dispose of the application for regular bail of the petitioner No.4 on the same day in accordance with law without being influenced by withdrawal of this application. Learned counsel appearing of the petitioners submits that remaining petitioners No.1, 2, 3, 5, 6 and 7, have no criminal antecedent. There is no specific allegation of any overt act against these petitioners.

Considering the aforesaid, let the petitioners No. 1, 2, 3, 5, 6 and 7 above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned Additional Chief Judicial Magistrate- Madhubani, in connection with Rahika P.S. Case No. 62 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./- U T