Krishna Kumar Singh And ORS v. The State Of Bihar Through The Chief Secretary Govt. Of Bihar Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.912 of 2018 Arising Out of PS. Case No.-143 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

Krishna Kumar Singh and Ors S/o Late Madam Mohan Singh, Resident of Mohalla Kachahari Road Begusarai, P.S.- Town, Dist.- Begusarai. 2.

Nalini Ranjan Singh, S/o Late Shiv Nandan Singh, Mohalla- Satish Path, Ashok Nagar, Begusarai, P.S.- Town, Dist.- Begusarai. 3.

Balban Kumar, S/o Sri Girdhari Rai, Mohalla- Bishanpur Roa, P.S.- Town, Dist.- Begusarai.

4.

Saket Kumar, S/o Ramashray Singh, Resident of Mohalla- Pokhari Par, P.S.- Town, Dist.- Begusarai.

5.

Ramashray Pd. Singh, S/o Late Yamuna Singh, Resident of MohallaPokhari Par, PS.- Town, Dist.- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Chief Secretary Govt. Of Bihar Patna and Ors 2.

Director General of Police Bihar, Patna.

3.

I.G. Bhagalpur 4.

D.I.G. Bhagalpur.

5.

S.P. Begusarai.

6.

Collector Begusarai.

7.

SHO Police Station Town Begusarai.

8.

Registrar Patna High Court Patna.

9.

Registrar Civil Court Begusarai.

10.

Indian Medical Association Begusarai branch Begusarai through its Secretary Begusarai.

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

For the Petitioner/s :

Mr.Advocate For the Respondent/s :

Mr.Manish Kumar Gp 4 For the Respondent No.10:

Mr.Dinu Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-01-2023 Heard learned counsel for the petitioners and learned counsel for the State as well as Respondent Nos. 10 and 11. Learned counsel for the petitioners submitted that

Patna High Court CR. WJC No.912 of 2018(5) dt.02-01-2023 2/3 permission be accorded to withdraw the present writ petition, for the reason as matter now become infructuous as his prayer raised through present writ petiton has already been redressed. It is submitted by learned counsel appearing on behalf of respondent nos. 10 and 11 that false statement was made by the petitioners during the pendency of present writ petition that no anticipatory bail petition of petitioners was pending before this Court and by suppressing this material facts, obtained the order of "no coercive steps" and as such the act of the petitioners attract contempt of Court proceedings as filing of false affidavit also amount to contempt of Court as it was held by the Hon'ble Supreme Court in the matter of Uttar Pradesh Residential Employees Cooperative House B. Society vs. New Okhla Industrial Development Authority reported in 2004(9) SCC 670.

At this juncture, it is submitted by learned counsel appearing on behalf of the petitioners that the submission as advanced by the learned counsel appearing on behalf of respondent Nos. 10 and 11, is not appearing correct for the reason that the antcipatory bail petitions filed by these petitioners was not pending before the Court as same was remained pending as defective petition with administrative side,

Patna High Court CR. WJC No.912 of 2018(5) dt.02-01-2023 3/3 in want of certified copy, what petitioner failed to obtained, as Court was on strike for which present writ petition was preferred. It is submitted as said anticipatory bail petition never came to judicial side it cannot be said that matter was pending before this Court, and as such no material fact was ever concealed from this Court.

In view of the facts and circumstances, and by taking note of submission as advanced by the parties, the present writ petition stands dismissed as withdrawn being infructuous, as grievance of petitioner has already been redressed. (Chandra Shekhar Jha, J) R.S.Sen/- U T