Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22388 of 2022 Arising Out of PS. Case No.-186 Year-2021 Thana- DIGHWARA District- Saran ====================================================== SUMAN KUMAR Son of Janak Prasad Resident of village - Raipatti, P.S.- Dhigwara, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, A.P.P.

Mr. Ravi Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Learned counsel for the informant at the outset raises an objection and submits that from perusal of order dated 08.03.2022 in A.B.P. No. 1838 of 2021, it would manifest that the case was dismissed for default by the learned Vth Additional Sessions Judge, Saran, Chhapra.

Learned counsel for the informant submits that the case was not adjudicated on merits and the petitioner ought to have filed an application seeking restoration of the A.B.P. No. 1838 of 2021 but instead of resorting to the said remedy, the petitioner has rushed to this Court.

Learned counsel for the petitioner thus seeks

Patna High Court CR. MISC. No.22388 of 2022(3) dt.20-12-2022 2/2 permission to withdraw the present anticipatory bail application for seeking remedy in accordance with law.

Accordingly, the present anticipatory bail application is permitted to be withdrawn with the aforesaid liberty to pursue remedy in accordance with law.

(Satyavrat Verma, J) Rishabh/- U T