Bikram Kumar @ Vikram Mallah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36499 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -BYPASS District- PATNA ======================================================

1. Bikram Kumar @ Vikram Mallah, son of Prakash Mallah.

2. Jasso Kumar alias Jasso, son of Suraj Rai. Both residents of village-Nawabganj Bundel Toli, P.S. Malsalami, District-Patna.

.... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. Harish Kumar, Advocate. For the State : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 02-08-2017 Perused the office notes dated 31.07.2017.

Learned counsel for the petitioners submits that in view of the order dated 07.07.2017 passed in Criminal Misc. No.26109 of 2017 by a Bench of this Court, this application, under Section 438 of the Code of Criminal Procedure, is not maintainable and seeks permission to withdraw this application with a liberty to the petitioners to seek remedy before the appropriate forum.

Permission is accorded.

Accordingly, this application, which has been filed on behalf of the petitioners to grant them anticipatory bail in connection with By-Pass P.S. Case No.49 of 2017, pending in the court of the Special Judge, Excise, Patna, is dismissed as withdrawn with the aforesaid liberty granted to the petitioners. (Rajendra Kumar Mishra, J) P.S./- U T