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Patna High CourtCR. MISC./11690/2021disposed

Suchit Yadav @ Sujit Yadav v. The State Of Bihar

2021-11-17Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11690 of 2021 Arising Out of PS. Case No.-132 Year-2018 Thana- KATORIYA District- Banka ====================================================== SUCHIT YADAV @ SUJIT YADAV S/O LATE KISHAN YADAV R/O VILLAGE-DHOBANI, P.S-KATORIA, DISTRICT-BANKA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

ARJUN YADAV S/O LATE AHLAD YADAV R/O VILLAGE-DHOBANI, P.S-KATORIA, DISTRICT-BANKA.

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

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-11-2021 Heard Mr. Dharmendra Kumar Paswan, learned Advocate for the petitioner and Mr. Rajesh Kumar, learned APP for the State.

The prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 21.01.2019 passed in Cr. Misc. No. 2684 of 2019 with the observation that in case he would surrender before the court below, his application shall be considered on its own merits without being prejudiced by the fact that the present application on his behalf was not entertained.

The petitioner has again moved for bail.

Patna High Court CR. MISC. No.11690 of 2021(2) dt.17-11-2021 2/2 After some arguments, the learned counsel for the petitioner seeks permission to withdraw the application in order to enable him to surrender before the court below and seek bail. Should the petitioner surrender before the court below, his application shall be considered on its own merits taking into account all the facts which have been brought in the present bail petition and an order shall be passed without being prejudiced by the fact that his prayer for anticipatory bail has not been entertained twice.

The petition stands disposed off.

(Ashutosh Kumar, J) krishna/- U T