Dablu Sah @ Sumit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1316 of 2016 ====================================================== Dablu Sah @ Sunit Kumar Son of Basant Kumar Resident of Village Khajuhatti, P.O. Khajuhatti, P.S. Baikunthpur, District Gopalganj. .... .... Appellant/s

Versus

1. The State of Bihar.

2. Harendra Manjhi Son of late Jagrup Manjhi Resident of Village Khajuhatti, P.S. Baikunthpur, District Gopalganj. .... .... Respondent/s ====================================================== Appearance:

For the Appellant/s : Mr. Naresh Prasad, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-03-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor assisted by learned counsel for the informant.

After some argument, learned counsel for the appellant under the guise of observation having made under para28 of Bisheshwar Mishra vs. State of Bihar reported in 2016(4) PLJR 1058 seeks withdrawal of instant appeal with a liberty that in case of surrender by the appellant before the learned lower court, the same be considered on the same day without being prejudiced by the order impugned, on its merit.

Patna High Court CR. APP (SJ) No.1316 of 2016 (3) dt.03-03-2017 With the aforesaid affiliation, instant memo of appeal is dismissed as withdrawn.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T