Noor Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36828 of 2021 Arising Out of PS. Case No.-109 Year-2019 Thana- POTHIYA District- Kishanganj ====================================================== NOOR ISLAM S/o Isrile @ Md. Isrile @ Lal Bano R/o- Kharabari Udgara, Ward No.- 9, P.S.- Pothiya, District- Kishanganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Singh, Advocate For the State :

Mr. Md. Sufyan, APP For the Informant :

Mr. Md. Najmul Hodda, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks anticipatory bail in connection with Pothiya P.S. Case No. 109 of 2019 registered for the offences under Sections 341, 323, 302, 307/34 of the Indian Penal Code.

Learned counsel for the petitioner prays for withdrawal of this bail application with a liberty to move before the learned Court below for regular bail.

Accordingly, this bail application is dismissed as withdrawn. However, if the petitioner surrenders in the Court below and seeks regular bail, the Court below shall consider and decide the same on its own merit without being prejudiced by this order. The Court below will also consider the fact that the

Patna High Court CR. MISC. No.36828 of 2021(2) dt.09-02-2022 2/2 petitioner has not repeated the blow and on the spur of the moment the deceased was assaulted.

(Sandeep Kumar, J) pawan/- U T