Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2701 of 2021 Arising Out of PS. Case No.-71 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== ASHOK YADAV S/o Late Yugal Yadav @ Late Ugal Yadav R/o villageKhorampur, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and learned APP appearing for the State, through virtual Court proceedings. Learned counsel for the petitioner seeks permission to withdraw the bail petition.

Vide order dated 18.03.2021, a report was called for from the learned District Judge, Begusarai as to under what circumstances, bail has been granted to the petitioner, while the matter was pending before Superior Court.

In compliance thereof, a report dated 08.07.2021 has been sent by learned I/C District and Sessions Judge, Begusarai, kept at flag 'L'. It has been submitted in the report that in the said case, charge u/s 25(1-B)a & 26 (2) of the Arms Act has been framed against the petitioner Ashok Yadav on 17.09.2020 and thereafter summons was issued to the prosecution witnesses but

Patna High Court CR. MISC. No.2701 of 2021(4) dt.30-07-2021 2/2 they did not turn up before the court for their depositions and the petitioner was in custody since 12.06.2020, then considering the aforesaid facts, the petitioner was enlarged on bail after he remained in incarceration for about six months. From perusal of the record, it further appears that the learned Magistrate has subsequently cancelled the bail of the petitioner vide order dated 26.03.2021 when full facts of the case as to the pendency of his bail petition before this Court and rejection of the bail petition by the learned Sessions Judge is brought to his knowledge. Considering the facts and circumstances as mentioned in the report, permission is granted to the petitioner to withdraw the instant bail petition.

Petition is hereby dismissed as infructuous.

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