Patna High CourtCR. MISC./42521/2013disposed

Kedar Prasad Singh And ORS. v. State Of Bihar And ANR

2017-04-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42521 of 2013 Arising Out of PS.Case No. -3109 Year- 2007 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Kedar Prasad Singh S/O Late Yogendra Singh Resident Of VillageManganpur, P.S- Bhagwanpur, District- Vaishali.

2. Nikesh Kumar Singh S/O Sri Kedar Pd. Singh Resident Of VillageManganpur, P.S- Bhagwanpur, District- Vaishali.

3. Rishikesh Kumar Singh S/O Kedar Pd. Singh Resident Of VillageManganpur, P.S- Bhagwanpur, District- Vaishali.

4. Ramesh Prasad Singh S/O Late Yogendra Singh Resident Of VillageManganpur, P.S- Bhagwanpur, District- Vaishali.

5. Pankaj Kumar Singh S/O Sri Ramesh Pd. Singh Resident Of VillageManganpur, P.S- Bhagwanpur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Suresh Kumar Singh S/O Late Kameshwar Singh Resident Of VillageManganpur, P.S- Bhagwanpur, District- Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the State : Mr. Parmeshwar Mehta (App) For Opposite Party No.2 : Mr. Anil Jaiswal, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-04-2017 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the order dated 03.06.2013 passed by the learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Trial No. 1158 of 2013 arising out of Complaint Case No. 3109 of 2007 whereby the learned Magistrate has dismissed the petition for discharge filed by the petitioners under Section 245 of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.42521 of 2013 (3) dt.08-04-2017 2/2 After some arguments, learned counsel for the petitioners seeks leave to withdraw the present application with liberty to raise all the issues at the stage of trial. He submitted that under some confusion when the petitioners failed to appear before the court on 02.12.2016, their bail bond has been cancelled. He contended that the petitioners would appear before the court within three weeks from today and will never default in doing pairvi in the case.

Regard being had to the prayer made by the learned counsel for the petitioner, the application is disposed of as withdrawn.

However, in view of the submission made by the learned counsel for the petitioners, it is observed that in case the petitioners appear before the court within three weeks from today, they should be released on bail to the satisfaction of the court and allowed to contest the matter.

(Ashwani Kumar Singh, J) Pradeep/- U T