Rajdeo Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46490 of 2016 Arising Out of PS.Case No. -242 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ====================================================== Rajdeo Singh & Anr .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistry, Adv. For the Opposite Party/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2016 Heard both sides.

Learned counsel for the petitioner submits that order impugned passed by the learned Sessions Judge, Aurangabad does not vested with the power under S.C./S.T. Act, as Special Judge. In view of this fact, he may be permitted to withdraw this anticipatory bail petition, so that petitioners may move afresh for a petition under Section 438 Cr.P.C. before the Special Judge, S.C./S.T. Aurangabad.

Prayer is allowed. This anticipatory bail petition is disposed of with the aforesaid observation that the petitioners may file a petition afresh under Section 438 of Cr.P.C. before the Special Judge, S.C./S.T., Aurangabad.

(Prabhat Kumar Jha, J.) Vinita/- U T