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Patna High CourtCR. MISC./36437/2025withdrawn

Vikash Kumar v. The State Of Bihar

2025-06-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36437 of 2025 Arising Out of PS. Case No.-19 Year-2024 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Vikash Kumar S/o Narayan Bind Resident of Sahe-Bahen, P.S.- Chainpur, District- Kaimur, Bhabua, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX D/o Sudarshan Bind Resident of SAhe-Bahen, P.S.- Chainpur, DistrictKaimur, Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Kumar, Advocate Ms. Ankita Kumari, Advocate For the State :

Mr. Jagdhar Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner fairly submits that the present petitioner has earlier moved before this Hon'ble Court for regular bail in Cr. Misc. No.79777 of 2024 in which vide order dated 17.01.2025, notice was issued upon O.P. no.2 under both process, but the requisites etc. were not filed within time and in result, the said Cr. Misc. No.79777 of 2024 which was analogous with other Cr. Miscellaneous applications was dismissed for default. Counsel submits that this fact has came to the knowledge of the petitioner only after filing of the case. Counsel further submits that no suppression has been made by

Patna High Court CR. MISC. No.36437 of 2025(2) dt.27-06-2025 2/2 her and such fact has been brought on record by way of filing the supplementary affidavit. In the light of the above circumstances, counsel submits that she is not inclined to pursue this case and seeks permission to withdraw this bail application.

3. Learned counsel for the State submits that this is not the correct way of filing the application, rather, it is suppression made in paragraph no.2 of the present bail application.

4. In the light of the submissions made, particularly considering that counsel is a new practitioner, therefore, this Court hereby grants permission to counsel for the petitioner to withdraw this case with liberty to file restoration application complying the order of the said Cr. Misc. No.79777 of 2024.

5. Hence, the present bail application is hereby dismissed as withdrawn.

(Dr. Anshuman, J) Divyansh/- U T