Surendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36338 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Surendra Singh S/o Late Dasrath Singh

2. Himanshu Kumar son of Surendra Singh Both residents of Village - Meghipur, P.S. - Pakriwarawan, District - Nawada. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Devendra Prasad Singh, Advocate. For the Opposite Party : Mr. Sri Ambika Bhagat (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2016 Heard the learned counsel for the petitioners as well as the learned APP for the State.

On behalf of the petitioners it is submitted that this Criminal Miscellaneous is not maintainable and the remedy lies in the appeal.

In the circumstances, in view of judgment of the Division Bench passed in Cr. Misc. No. 25276 of 2016, the learned counsel for the petitioners wants to withdraw this Criminal Miscellaneous with a liberty to file Criminal Appeal. Permission is granted and this Criminal Miscellaneous is dismissed as withdrawn with a liberty to file Criminal Appeal accordingly.

(Jitendra Mohan Sharma, J) Abhay/- U T