Uma Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82103 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- AZIMABAD District- Bhojpur ====================================================== 1.

UMA SHANKAR SINGH Son of Late Ram Nagina Mahto Resident of Village - Milki, P.S.- Azimabad, District - Bhojpur. 2.

Nitin Kumar Son of Uma Shankar Singh Resident of Village - Milki, P.S.- Azimabad, District - Bhojpur.

3.

Vikash Kumar @ Vikas Son of Late Ramesh Mahto Resident of Village - Milki, P.S.- Azimabad, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 After some arguments, the learned counsel for the petitioners, at the very outset, seek to withdraw the present petition qua the petitioners no. 1 and 2 in order to enable them to surrender before the learned court below and obtain regular bail. Accordingly, the present petition stands dismissed qua the petitioners no. 1 and 2.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Azimabad case no. 53 of 2019 registered for the offences punishable under Sections 307 and other sections of Indian Penal Code.

Patna High Court CR. MISC. No.82103 of 2019(2) dt.11-12-2019 2/2 The allegation is regarding the accused persons having assaulted the informant and his family members as also snatched some money/ gold chain.

The learned counsel for the petitioners submits that as far as petitioner no. 3 is concerned, there is no allegation of any specific overt act, hence he is at least entitled to be granted the privilege of anticipatory bail. It is further submitted that the petitioner no. 3 is innocent and is having a clean antecedent. Having regard to the facts and circumstance of the case, I deem it fit and appropriate to admit the petitioner no. 3 to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner no. 3, in the event 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, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Azimabad PS case no. 53 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T