Md. Anuar @ Md. Anwar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14857 of 2018 ====================================================== Md. Anuar @ Md. Anwar & Ors .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Zainul Abedin For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-03-2018 Heard the learned counsel for the petitioners as well as learned Additional P.P.

At an earlier occasion Cr. Appeal (S.J.) No.

998/2017 was filed on behalf of the appellants/petitioners but, having no presence as prescribed under Chapter XII Rule 8 of the Patna High Court Rules, lastly vide order dated 17.05.2017, an opportunity was granted by way of peremptory order and on account of non-compliance thereof, Cr. Appeal (S.J.) 998/2017 met with ultimate result. Then thereafter, Cr. Misc. No. 37107/2017 had been filed, followed by Cr. Misc. No. 13322/2018 and for the present, it happens to be Cr. Misc. No. 14857/2018. Learned counsel for the petitioners seeks withdrawal of Cr.

Misc.

No.

14857/2018 with a liberty that petitioners/appellants be allowed to file second Cr. Appeal against the judgment impugned and during said course, the period of

Patna High Court Cr.Misc. No.14857 of 2018 (2) dt.28-03-2018 2/2 limitation may not be struck. Learned counsel for the petitioners also submitted that he is going to file appeal after two weeks. Allowing the same with a further liberty that if the appeal is filed within two weeks, then in that circumstance, the office will not hitch over limitation, Cr. Misc. No. 14857/2018 is dismissed as withdrawn.

(Aditya Kumar Trivedi, J.) Rakhi U