Md. Nadim @ Shalu @ Md. Nayim @ Salu v. The State Of Bihar

Patna High Court Cr.Misc. No.33033 of 2015 (3) dt.07-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33033 of 2015 Arising Out of PS.Case No. -313 Year- 2014 Thana -GARDANIBAGH District- PATNA ====================================================== MD. NADIM @ SHALU @ MD. NAYIM @ SALU .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anjum Perveen For the Opposite Party/s Mr. L.K. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 07.10.2015 Heard.

It would appear that the impugned order has not been passed on merit rather prayer for bail of the petitioner was dismissed by the court below in default and, therefore, in the aforesaid circumstance, petitioner seeks permission for withdrawal of this petition to file a fresh petition before the court below.

With the aforesaid permission, this petition filed in connection with Gardanibagh P.S. case no. 313/2014 stands disposed of as withdrawn.

However, it is made clear that this order shall not cause any prejudice to the concerned court at the time of passing order on merit on the bail prayer of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T