Sanjiv Kumar Poddar @ Tipu Podar @ Sanjeev Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50206 of 2021 Arising Out of PS. Case No.-38 Year-2019 Thana- RAUTARA District- Katihar ====================================================== SANJIV KUMAR PODDAR @ TIPU PODAR @ SANJEEV PODDAR S/o Late Muneshwar Poddar R/o Mohalla- Tingachhiya, P.S.- Katihar Town, District- Katihar (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Mira Kumari, Advocate For the Opposite Party/s :
Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
This Court, while entertaining this application seeking bail to the petitioner in connection with Rautara P.S. Case No. 38 of 2019, observed that this is the second occasion the petitioner has prayed for grant of bail. Though on the previous occasion, a co-ordinate Bench of this Court rejected the prayer for bail of the petitioner but the petitioner being impatient chose to approach this Court again.
The frequent repetition of filing application seeking
Patna High Court CR. MISC. No.50206 of 2021(2) dt.22-12-2021 2/2 relief is nothing but a misuse of process of Court and this practice before the High Court is totally misconceived and erroneous. The Court would feel appropriate to suggest that the petitioner should renew his prayer for bail before the court below bringing on record the fact of the present stage of the trial.
Learned counsel for the petitioner after some argument has shown his willingness towards withdrawal of this application and sought permission to withdraw the instant application.
This court, reluctantly, without entering into the merits of the case, permitted the petitioner to withdraw this application in order to avail appropriate remedy available with him in accordance with law.
Accordingly, this criminal miscellaneous application is dismissed as withdrawn, with the aforesaid observation. (Rajesh Kumar Verma, J) shahzad/- U T