Anuj Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22002 of 2020 Arising Out of PS Case No.-281 Year-2019 Thana- DARAUNDHA District- Siwan ====================================================== Anuj Kumar Giri (M), aged about 30 years, Son of Chandra Shekhar Giri, Resident of Village- Rukandipur Ke Mathiya, P.S.- Daraunda, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abdul Mannan Khan, Advocate For the State :

Ms. Sharda Kumari, APP For the Informant :

Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 06-01-2021 Heard Mr. Abdul Mannan Khan, learned counsel for the petitioner; Ms. Sharda Kumari, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State and Mr. Prashant Kumar, learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Daraundha PS Case No. 281 of 2019 dated 15.12.2019, instituted under Sections 147/148/149/341/323/326/307/302 of the Indian Penal Code.

3. Pursuant to order dated 11.12.2020, Mr. Abhinav Kumar, the Superintendent of Police, Siwan is present along with his report in a sealed cover. The Court had indicated in its earlier order dated 10.12.2020 that the Superintendent of Police, Siwan was to come with a report in a sealed cover which was only for the purposes of helping the Court in considering the

Patna High Court CR. MISC. No.22002 of 2020(12) dt.06-01-2021 2/2 prayer for bail of the petitioner. The said sealed cover report of the Superintendent of Police, Siwan has not been opened or perused by the Court as it was not required in view of learned counsel for the petitioner praying that he may be permitted to withdraw the application with liberty to appear before the Court below and seek bail. It was further prayed that the Court may indicate that the withdrawal of the present case for anticipatory bail may not prejudice the petitioner when he appears before the Court below and seeks bail.

4. In view thereof, as prayed for by learned counsel for the petitioner, the application stands disposed off as withdrawn.

5. It goes without saying that in the event the petitioner surrenders before the Court below and prays for bail, the same shall be considered on its own merits, without being prejudiced by the present order.

6. The appearance of the Superintendent of Police, Siwan stands dispensed with.

(Ahsanuddin Amanullah, J.) Anand Kr.

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