Binay Bihari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.627 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ====================================================== Binay Bihari Prasad, Son of Arbind Yadav @ Arbindra Yadav, Resident of Village- Pillich, Police Station- Parwalpur, District Nalanda. .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Anil Kumar Singh, Advocate For the Respondent/s : Mr. Ambika Bhagat, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 05-09-2016 It is submitted by Mr. Anil Kumar Singh, learned counsel for the appellant that prior to filing of the present appeal under Section 14-A(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, the petitioner had already filed an application for grant of bail under Section 439 and 440 of the Code of Criminal Procedure before this Court vide Cr. Misc. No. 30596 of 2016. The said application was permitted to be converted into an application under Section 14-A(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, pursuant to which, the appellant converted the application and that has been numbered

Patna High Court CR. APP (SJ) No.627 of 2016 (3) dt.05-09-2016 2 / 2 as Cr. Appeal (SJ) No. 660 of 2016.

In that view of the matter, he seeks leave to withdraw the present memo of appeal as the issue raised in this appeal is the same as in Cr. Appeal (SJ) No. 627 of 2016. Leave is granted.

The Cr. Appeal (SJ) No. 627 of 2016 is dismissed as withdrawn.

(Ashwani Kumar Singh, J.) Sanjeet/- U T