Arvind Ray @ Arvind Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22214 of 2025 Arising Out of PS. Case No.-572 Year-2024 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Arvind Ray @ Arvind Prasad Yadav Son of Upendra Ray Resident of Village - Jadhua, P.S. - Hajipur Town, District - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Binay Kumar Son of Late Suraj Deo Singh, Resident of Village and Post - Nikhatikalan, P.S. - Raghunathpur, District - Siwan, presently working as Security Manager, Singla Construction Pvt. Limited, having its office at S.P. Singla Construction Pvt. Limited, 5th Floor, Flat No.502, Kanaj Baraj Complex, Boaring Road, P.S. - Srikrishnapuri, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-07-2025 Ref: I.A. No.1 of 2025 Learned Counsel for the petitioner, Learned Counsel for the informant and Learned Counsel for the State are present.

2. Learned Counsel for the petitioner submits that the present I.A. has been filed for substitution of deponent, who has affidavited Cr. Misc. No.22214 of 2025.

3. It transpires from the record that the deponent being son of the petitioner has executed the affidavit for filing the present anticipatory bail application. By virtue of I.A. No.1 of

Patna High Court CR. MISC. No.22214 of 2025(3) dt.02-07-2025 2/3 2025 prayer has been made to this Court to substitute the name of the deponent and at his place the daughter of the petitioner be treated as deponent/Pairvikar in the instant anticipatory bail application.

4. Learned Counsel for the State submits that with regard to substitution of deponent there is no such provision in law.

5. It transpires to this Court that once the Pairvikar has executed an affidavit and filed any application it means that every statement he has made in affidavit on oath and subsequently prayer for substitution of the said deponent is a mode unknown to law in the opinion of this Court. If due to any circumstance, any deponent does not want to pursue this case then petitioner has only remedy to withdraw the present Cr. Misc. application and file fresh one.

6. Counsel for the petitioner submits that permission may be granted to withdraw the present Cr. Misc. No.22214 of 2025 and liberty be granted to file fresh application.

7. In the light of the prayer, Cr. Misc. No.22214 of 2025 is permitted to be withdrawn with liberty to file fresh criminal miscellaneous through other deponent, as the present application has been withdrawn without considering the merit.

Patna High Court CR. MISC. No.22214 of 2025(3) dt.02-07-2025 3/3 I.A. No.1 of 2025 is dismissed as not pressed. (Dr. Anshuman, J) Mkr./- U T