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Patna High CourtCR. MISC./38430/2015withdrawn

Sonachandra Harijan v. The State Of Bihar

2015-08-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38430 of 2015 Arising Out of PS.Case No. -36 Year- 2014 Thana -AMAUR District- PURNIA ======================================================

1. Sonachandra Harijan Son of Chetharu Harijan R/o Doria tola Balua P.s Amour, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2015 Heard both sides.

After some argument, the learned counsel for the petitioner seeks permission to withdraw this bail petition so that the petitioner may file a fresh petition for bail before the learned lower court for deciding the same on merits.

The prayer for bail of the petitioner was allowed under section 167(2) of the Cr. P.C but later on the same was cancelled as the charge sheet was submitted before filing of the bail petition. Against the order of cancellation of bail the petitioner filed a petition before learned Sessions Judge but learned Sessions Judge did not find any illegality in the order of learned Magistrate. Considering the aforesaid, the prayer is allowed. This petition is dismissed as withdrawn with a liberty

Patna High Court Cr.Misc. No.38430 of 2015 (2) dt.26-08-2015 2/2 to the petitioner that he may again file a fresh bail petition before the court in seisin of the case which shall be disposed of on merit. (Prabhat Kumar Jha, J) BKS/- U T