Patna High CourtCR. MISC./61565/2017disposed

Navlesh Pandey And ANR v. The State Of Bihar

2018-01-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61565 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -BARHAT District- JAMUI ======================================================

1. Navlesh Pandey, S/o Shanti Sharan Pandey,

2. Mukesh Pandey, S/o Shanti Sharma Pandey, Both are R/o Village- Guguldih, P.S.- Barhat, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2018 At the outset, the learned counsel for the petitioners submits that as far as the petitioner no. 1 is concerned, he has already been arrested, hence the present has become infructuous as against the petitioner no. 1.

Accordingly, the present petition as against the petitioner no. 1 is dismissed as withdrawn.

The learned counsel submits that he had already made a prayer on 18.01.2018 for withdrawal of the present petition as against the petitioner no. 1 but probably the order could not be passed on that day.

After some argument, the learned counsel for the petitioners wishes to withdraw the present petition with liberty to approach the concerned court for grant of regular bail.

Patna High Court Cr.Misc. No.61565 of 2017 (4) dt.24-01-2018 2/2 Accordingly, it is directed that the petitioner may surrender within four weeks from today whereupon the learned trial court shall consider the prayer for regular bail of the petitioner and dispose off on the same day considering the fact that the main accused person is already behind bar and two of the coaccused persons have already been enlarged on regular bail. It is further directed that the learned trial court would also consider the fact that there is no allegation of any specific overt act on the petitioner no. 2 herein.

With the aforesaid observations, the present petition is disposed off.

(Mohit Kumar Shah, J) S.Sb/- U T