Md. Khusso @ Md. Khuso @ Khurshid @ Shekh Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1002 of 2020 Arising Out of PS. Case No.-331 Year-2019 Thana- CHAUSA District- Madhepura ====================================================== MD. KHUSSO @ MD. KHUSO @ KHURSHID @ SHEKH KHURSHID Son of Late Md. Makkho @ Makbaul Hussain @ Md. Makhkho Resident of Village - Paina, P.S.- Chausa, District- Madhepura ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Nafisuzzoha, Adv.

For the Respondent/s :

Mr.Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2020 Heard Mr. Y.C. Verma, learned senior counsel for the appellant assisted by Mr. Nafisuzzoha and learned counsel appearing on behalf of the State through virtual court proceedings.

Learned senior counsel for the appellant submits that there is land dispute between the parties, therefore, SC/ST Act is not applicable against the appellant. He also sites the judgment of the Hon'ble Apex Court in the case of Hitesh Verma Vs. The State of Uttarakhan passed in Cr. Appeal No. 707 of 2020 arising out of SLP (criminal) No. 3585 of 2020. Therefore, he seeks permission to withdraw the present appeal with liberty to seek regular bail.

Permission is granted.

Patna High Court CR. APP (SJ) No.1002 of 2020(3) dt.02-12-2020 2/2 Accordingly, this appeal is dismissed as withdrawn with liberty to the appellant to seek regular bail before the learned court below. The learned court below is directed to consider the regular bail of the appellant on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T