Birendra Thakur @ Fagu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15169 of 2019 Arising Out of PS. Case No.-489 Year-2018 Thana- BIHIA District- Bhojpur ====================================================== Birendra Thakur @ Fagu Thakur, aged about 50 years, Male, Son of Sudeshwar Thakur, Resident of Village - Gaura, P.S.- Bihiya, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kalyan Shankar, Adv.

For the Opposite Party/s :

Mr. Arbind Kumar Pandey (APP84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with Bihiya P.S. Case No. 489 of 2018 (Excise Case No. 2249 of 2018), dated 09.12.2018, instituted for the offences under Sections 353 and 307 of the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016.

After some arguments, Mr. Kalyan Shankar, the learned counsel for the petitioner seeks permission to

Patna High Court CR. MISC. No.15169 of 2019(2) dt.14-03-2019 2/2 withdraw this petition in order to enable the petitioner to surrender before the Court below and seek regular bail. The petition is, accordingly, dismissed as withdrawn.

In case, such a petition is filed before the Court below within a period of four weeks from today, the Court below, after taking into account that there is no recovery from the possession of the petitioner, shall pass order in accordance with the law, on its own merits, without being at all prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court. (Ashutosh Kumar, J) Praveen-II/- U T