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Patna High CourtCR. MISC./44498/2023withdrawn

Amarnath Jha v. The State Of Bihar

2023-08-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44498 of 2023 Arising Out of PS. Case No.-14 Year-2015 Thana- SHRI NAGAR District- Madhepura ====================================================== AMARNATH JHA Son of Late Madan Mohan Jha Resident of village - Belasadi, P.S.- Srinagar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Barun Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P., Mr. Chandra Bhushan Prasad for the State.

2. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is aged about 65 years, it is next submitted that when FIR was instituted, the same was instituted under bailable Section, as such, the petitioner surrendered before the learned trial Court and was granted the privilege of bail but police after investigation submitted charge-sheet under non-bailable Section, as such, the petitioner apprehends his arrest and thus has filed the present anticipatory bail application.

3. The learned A.P.P., Mr. Chandra Bhushan Prasad vehemently opposes the anticipatory bail application of the petitioner and submits that once the petitioner had surrendered

Patna High Court CR. MISC. No.44498 of 2023(2) dt.25-08-2023 2/2 before the learned trial Court where is the occasion for the petitioner now to file an application seeking anticipatory bail, it is next submitted that the law is clear in this regard.

4. The learned counsel for the petitioner after hearing the learned A.P.P., realizing his difficulty seeks permission to withdraw the present anticipatory bail application.

5. Permission is accorded.

6. However, in the event, if petitioner surrenders on or before 11.09.2023, the learned Trial Court shall dispose of the case on the same day keeping the law in mind. (Satyavrat Verma, J) GauravSinha/- U T