This order rejects a prayer for antecedent bail to arrest petitioners involved in an armed assault, noting some had already secured release in lower court, and leaves open consideration upon surrender within four weeks.
Bail prayer rejected; petitioners to surrender within four weeks for fresh hearing below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58879 of 2018
Arising Out of PS.Case No. -118 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sri Jagdhar Prasad
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
Learned counsel for the petitioners seeks permission to withdraw this application against petitioner no. 3 and 4 namely Ram Binay Yadav @ Ram Binay Rai and Sharvan Yadav @ Sharvan Kumar Yadav as they have been arrested and granted bail by the court below.
In such view of the matter, this application is dismissed against petitioner nos. 3 and 4 as the same has been rendered infructuous.
The petitioners seek anticipatory bail in Bibhutipur P.S. Case No.118 of 2017 instituted for the offences under Sections
Patna High Court Cr.Misc. No.58879 of 2018 (2) dt.06-10-2018
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147, 148, 447, 341, 323, 307, 325, 354, 380, 504 and 506 of the Indian Penal Code.
Allegation has been made that the petitioners and the informant was going to Barat and they have abused and mishandling the family members of the informant and that created ruckus amongst themselves.
A Panchayti was called but on 02.05.2017 at 04:00 PM all the accused persons including petitioners came with different weapons and assaulted the family members of the informant.
In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of four weeks from today, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court.
(Shivaji Pandey, J)
Vinay/Sunny
U T
3 issues framed by the court
Whether to grant antecedent bail release to petitioners already arrested or on bail in the court below given the serious nature of armed assault allegations.
Whether to allow withdrawal of the bail application against specific petitioners who have already secured release.
Whether to reject the prayer for bail while leaving open the possibility of spontaneous surrender within a stipulated period.
1 provisions across 1 enactments
Ram Bali Yadav
Fulen Yadv
Ram Binay Yadav
Sharvan Yadav
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
