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Patna High CourtCR. APP (SJ)/2293/2023withdrawn

Dhananjay Ray @ Dhananjay Kumar v. The State Of Bihar

2024-04-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2293 of 2023 Arising Out of PS. Case No.-383 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== DHANANJAY RAY @ DHANANJAY KUMAR Son of Uma Shankar Ray Resident of Mohalla - Manachak, P.S.- Koilwar, District - Bhojpur. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mahavir Ram Son of Lakhan Ram Resident of village - Mahadev Chak Simriya, P.S.- Koilwar, District - Bhojpur.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Prabhat Kumar Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-04-2024

1. Learned counsel for the appellant, after some arguments, seeks permission to withdraw this appeal.

2. Permission is accorded.

3. Accordingly, this appeal, under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for setting aside the order dated 05.01.2022, passed by the learned 1st Additional Sessions Judgecum-Special Judge, SC/ST Act, Bhojpur at Ara in connection with A.B.P. No. 2642 of 2021, arising out of Koilwar P.S. Case No. 383 of 2021, stands dismissed as withdrawn.

4. At this stage, learned counsel for the appellant submits that similarly situated co-accused Golu Kumar and Pramod Kumar @ Pramod Kumar Rai have been granted the

Patna High Court CR. APP (SJ) No.2293 of 2023(3) dt.04-04-2024 2/2 privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 24.06.2022 passed in Cr. Appeal (SJ) No. 2099 of 2022 and order dated 14.11.2022 passed in Cr. Appeal (SJ) No. 4046 of 2022 on which the learned Special P.P. submits that the said aspect of the matter will be considered when appellant will surrender before the learned trial court. Since the appellant has withdrawn the appeal and thereafter submission has been made as such in the event the appellant surrenders before the learned trial court on or before 22.04.2024, the learned trial court shall dispose of the case on the same day keeping in mind the fact that two of the co-accused as submitted have been granted the privilege of anticipatory bail by this Court.

(Satyavrat Verma, J) Kundan/- U T