Patna High CourtCR. MISC./65530/2018partly allowed disposal

Abu Hassan And ORS v. The State Of Bihar

2018-12-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65530 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- JOKIHAT District- Araria ======================================================

1. Abu Hassan, Son of Dhukhai,

2. Musabbir, Son of Nabir,

3. Zafar, Son of Najib, All are resident of Village- Matiyari, P.S.- Jokihat, Dist- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

Learned counsel for the petitioner is not pressing the anticipatory bail application of petitioner No.1 and 2, according the anticipatory bail application on behalf of the petitioner No.1 and 2 is dismissed being not pressed.

Accordingly, the present anticipatory bail application on behalf of the petitioner No.1 and 2 is to be dismissed as not press. However, dismissal of the anticipatory bail application will not cause prejudice to the petitioner no.1 and 2 and in the event, the petitioner no.1 and 2 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

Patna High Court Cr.Misc. No.65530 of 2018(2) dt.13-12-2018 2/2 petitioner no.1 and 2 on the same day in accordance with law without being prejudice by this order.

The remaining petitioner 3 is apprehending his arrest in connection with Jokihat P.S. Case No. 18 of 2018 for the offence under Sections 379/34 I.P.C..

Considering the facts that FIR was registered against two named accused persons and the petitioner No.3 was not named in the FIR and the fact that petitioner no.3 has no criminal antecedent, let the petitioners No. 3 above named, in the event of arrest or surrender within one moth 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 Learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 18 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./- U T