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Patna High CourtCR. MISC./49576/2021withdrawn

Rahim Miyan v. The State Of Bihar

2022-02-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49576 of 2021 Arising Out of PS. Case No.-221 Year-1999 Thana- PIRPAINTI District- Bhagalpur ====================================================== RAHIM MIYAN Son of Sk. Shamim Resident of Village- Sundarpur, P.S.- Pirpainti, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda- Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with S.T. No.27A of 2001 (CIS-1027 of 2001) arising out of Pirpainti P. S. Case No.221 of 1999, instituted for the offences under Sections 324, 307, 349 of the Indian Penal Code.

The learned counsel for the petitioner submits that it is a case of misuse of privilege of bail by the petitioner, but his bail bonds came to be cancelled on 09.11.2006 and the petitioner's case was split up on 20.06.2011 and by order dated 29.03.2016, he was declared an absconder.

The learned counsel for the petitioner submits that the learned lawyer appearing for the petitioner did not inform him about the case as such, he was completely unaware thinking

Patna High Court CR. MISC. No.49576 of 2021(2) dt.01-02-2022 2/2 that once bail, he will always remain on bail. The learned counsel further submits that only doctor remains to be examined in the present case.

At this stage, the learned counsel for the petitioner seeks permission to withdraw the instant petition with a liberty to the petitioner to renew his prayer for bail in the event, if the trial is not concluded within three months from the date of receipt/ production of a copy of this order.

Accordingly, instant petition is dismissed as withdrawn with the liberty aforesaid.

(Satyavrat Verma, J) vikash/- U T