Shailender Kumar @ Munna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5184 of 2022 ====================================================== Shailender Kumar @ Munna Prasad Son of Late Harihara Prasad, resident of village- Dahiyawan- Mision Road/(Pankaj Cenema Road) Chapra, Post - Office- Chapra, Police Station- Chapra Town, District - Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate Saran at Chapra. 2.

The Executive Engineer Electricity Board, Supply Division Chapra, Branch Chapra Power House, Government of Bihar, under District - Saran at Chapra.

3.

The Assistant Engineer Electricity Board, Supply Division Chapra, Branch Chapra Power House Government of Bihar, under District - Saran at Chapra. 4.

The Additional Assistant Engineer Electricity Board, Supply Division Chapra, Branch Chapra Power House Government of Bihar, under district - Saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Prasad Yadav, Advocate For the Respondent/s :

Mr.Subash Prasad Singh (GA3) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 13-05-2022 Petitioner has prayed for the following relief(s): "For issuance of writ in nature of Mandamus and others appropriate writ/writs, order/orders, direction/directions for commanding to the respondent no. 2 to 4 for

Patna High Court CWJC No.5184 of 2022(2) dt.13-05-2022 2/3 payment of Rs.25000/- with interest from 20-092002 to the petitioner, the said amount was deposited by the petitioner as per order by learned 9th Additional Sessions Judge Chapra in B.P. no. 1731/2002 in bail order subject to this condition that he will deposited Rs.25,000/- with the Electricity department in connection with Chapra Town P.S. case no. 142/2002 for offences under section 379 of Indian penal code and 39/44 Electricity Act. The aforesaid case the petitioner had acquitted judgement and order dated 05-08-2010 by learned Judicial Magistrate I st class, Chapra (Saran) in G.r.no. 2373/2002, Tr. No. 554/2010 (arising out of Chapra Town P.S. case no. 142/2002)."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law. Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.5184 of 2022(2) dt.13-05-2022 3/3 Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U