Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38521 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -PIRO District- BHOJPUR ======================================================

1. Manish Kumar S/o Kameshwar Prasad Singh, R/o Vill.- Hari Tola, P.S.- Piro, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Piro P.S.Case no.33 of 2018 registered for offences punishable under Sections 457 and 380 of the Indian Penal Code. Petitioner is not named in the FIR and as per the FIR, the allegation against the petitioner is of commission of theft in the house of the informant and the name of the petitioner has transpired on the confessional statement of the co-accused.. Submission of the learned counsel for the petitioner is that except confessional statement, there is nothing against the petitioner, however, earlier the prayer for bail of the petitioner had been rejected on the ground that there is no apprehension of arrest of the petitioner and as such the same is not maintainable.

Patna High Court Cr.Misc. No.38521 of 2018 (3) dt.16-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the fact that there is apprehension of arrest of the petitioner, in such view of the matter, learned counsel for the petitioner seeks permission to withdraw this application to file a fresh application. In such a situation, let this application be dismissed as withdrawn.

(Vinod Kumar Sinha, J) chn/- U T