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Patna High CourtCR. MISC./42490/2014disposed

Amarnath Pal @ Amarnath Prasad v. The State Of Bihar

2015-07-09The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42490 of 2014 Arising Out of PS.Case No. -304 Year- 2014 Thana -GANDHIMAIDAN District- PATNA ====================================================== Amarnath Pal @ Amarnath Prasad Son of Deonath Bhagat Resident of Village - Dumari Police Station - Bihta, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Sada Nand Ray, Advocate For the Opposite Party : Mr. Ambika Bhagat, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 09-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Amarnath Pal @ Amarnath Prasad, in connection with Gandhi Maidan Police Station Case No. 304 of 2014 under Sections 448/504/506/379/387 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Perused the above application and materials on record including a copy of the order, dated 10.09.2014, passed, in A.B.P. No. 23006 of 2014, by the learned Sessions Judge, Patna, dismissing the said application for pre-arrest bail. Heard Mr. Sada Nand Ray, learned Counsel for the petitioner, and Mr. Ambika Bhagat, learned Special Additional

Patna High Court Cr.Misc. No.42490 of 2014 (7) dt.09-07-2015 2/2 Public Prosecutor, appearing on behalf of the State. It is submitted, on behalf of the petitioner, that during investigation, the police have found that no case under nonbailable provisions of law could be made out against the petitioner. The petitioner has, thus, according to police investigation, committed offence, which are bailable. In view of the above, learned counsel for the petitioner seeks permission to withdraw this petition. No objection has been raised to the prayer for withdrawal made by the petitioner.

In view of above and in the interest of justice, the application is hereby disposed of as withdrawn under the circumstances mentioned hereinabove.

(I. A. Ansari, J) Pawan/- U T