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Patna High CourtCR. MISC./38226/2023withdrawn

Md. Khalik @ Abdul Khalik v. The State Of Bihar

2024-07-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38226 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== MD. KHALIK @ ABDUL KHALIK Son of Md. Seraj @ Serajul Md. Serajul Haque Resident of village - Uday Chhapra, P.S. - Shyampur Bhataha, Distt. - Sheohar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Md. Riyaj Son of Md. Badud Resident of village - Udai Chhapra, P.S. - Shyampur Bhataha, Distt. - Sheohar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshul, Advocate Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP Mr. Mahtab Alam, Advocate Md. Zeeshan Kalim, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-07-2024 Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the O.P. No. 02.

2. After some argument, learned counsel for the petitioner seeks permission to withdraw this application with liberty to raise all the points at an appropriate stage i.e. at the at the time of framing of charge.

3. Permission is accorded.

4. If such an application is filed, the same shall be considered by the court below in light of the judgment of Hon'ble Supreme Court in the case of Kanchan Kumar V/s State of Bihar; (2022) 9 SCC 577.

Patna High Court CR. MISC. No.38226 of 2023(10) dt.15-07-2024 2/2

5. Accordingly, this application is dismissed as withdrawn with the aforesaid liberty to the petitioner. (Sandeep Kumar, J) Shishir/- U T