Shri Shivpati Kumar @ Shiv Pati Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.20719 of 2020 Arising Out of PS. Case No.-363 Year-2019 Thana- PIRBAHOR District- Patna ====================================================== Shri Shivpati Kumar @ Shiv Pati Kumar, S/o Shivanandan Singh, R/o village- Mahadipur, P.S.- Haspura, District- Aurangabad ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Punjab National Bank, through its Branch Manager, Branch- Ashok Raj Path, P.M.C.H. Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-06-2020 Learned counsel for the petitioner undertakes to remove the defects within three weeks after start normal functioning of the Court.

Having tested the nerve of this Court and on finding it difficult to persuade showing any change of circumstance after the rejection of the prayer for anticipatory bail of the petitioner vide order dated 29.11.2019 passed in Cr. Misc. No. 61703 of 2019, learned counsel for the petitioner seeks permission to withdraw this application.

Permission is granted.

Application is dismissed as withdrawn.

At this stage, learned counsel once again prays for an

Patna High Court CR. MISC. No.20719 of 2020(3) dt.25-06-2020 2/2 observation that in case the petitioner surrenders and prays for regular bail within next few weeks, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court which was the observation earlier made by this Court in it's order dated 29.11.2019. This Court records its strong displeasure on the manner in which taking advantage of the e-filing during this pandemic period the petitioner has once again attempted to file a second anticipatory bail application after seven months from the date of rejection of earlier application that too without showing any change of circumstance.

Since learned counsel for the petitioner has already prayed for and is permitted to withdraw this application no further observation is required to be made. If the petitioner is not surrendering, the law will take its course. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.