Md. Sharfuddin @Md. Sarphuddhin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2847 of 2023 Arising Out of PS. Case No.-87 Year-2019 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Md. Sharfuddin @MD. Sarphuddhin Son Of Late Safir -UDDIN Resident Of Village- Dharmuchak, Ps- Nimchak Bathani, Distt- Gaya ... ... Appellant

Versus

1.

The State of Bihar 2.

Upendra Chaudhary Son Of Shri Kishori Chaudhary Resident Of VillageDharmuchak, Ps- Nimchak Bathani, Distt- Gaya ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr. Rabindra Kumar Priyadarshi For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2023 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

2. The appellant is apprehending his arrest in connection with Nimchak Bathani P.S. Case No. 87 of 2019 dated 01.07.2019, registered for the offences punishable under Sections 323, 341, 379, 504 and 506/34 of the Indian Penal Code and Sections 3(s)(t) of SC/ST Act pending in the Court of learned Exclusive Special Judge, SC/ST, Special Court, Gaya.

3. After some arguments, learned counsel for the appellant seeks permission to withdraw this application.

4. Permission is granted.

5. Accordingly, the instant appeal is dismissed as withdrawn.

Patna High Court CR. APP (SJ) No.2847 of 2023(2) dt.16-08-2023 2/2

6. However, if the appellant surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering this fact that appellant was granted the benefit under Section 41(A) Cr.P.C. and he is suffering from cancer.

(Anjani Kumar Sharan, J) ajay/- U T