Rajesh Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.744 of 2025 In CIVIL REVIEW No.207 of 2024 ====================================================== Rajesh Raj S/o Late Brajendra Kumar Sinha, resident of House No.- 11, L.I.C. Colony, P.S. - Patrakara Nagar, Dist. - Patna, Bihar. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
The State of Bihar, through Chief Secretary, Govt. of Bihar, Patna. 3.
The Secretary Urban Development Department, Govt. of Bihar, Patna. 4.
The District Magistrate cum Collector, Office of Collectorate, Govt. of Bihar, Patna.
5.
The S.S.P., Patna.
6.
The Sub Divisional Magistrate, Danapur, Patna. 7.
The Executive Officer, Nagar Parishad Danapur Nijamat, Danapur, Patna. 8.
S.H.O., Danapur Police Station, Danapur, Patna. 9.
Samnath Mahto, S/o Late Shiv Mahto, resident of South of Mithila Colony, Danapur, Patna, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Amit Upadhyay, Advocate For the State :
Mr. Yogendra Pd. Sinha, AAG-7 Mr. Rajeev Kumar Sinha, AC to AAG-7 For the Respondent No.7 : Mr. Ashok Kumar, Advocate For the Respondent No.9 : Mr. Sanjeev Kumar, Advocate Mr. Prava Shankar Mishra, Advocate Mr. Navneet Dubey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-08-2025 Heard Mr. Amit Upadhyay, learned counsel for the appellant, Mr. Yogendra Prasad Sinha, learned AAG-7 for the State, Mr. Ashok Kumar, learned counsel for the respondent
Patna High Court L.P.A No.744 of 2025(5) dt.21-08-2025 2/3 no.7 and Mr. Prava Shankar Mishra, learned counsel for the respondent no.9.
2. Learned counsel for the appellant has tendered third supplementary affidavit. The same has been filed by the learned counsel himself which is taken on record.
3. By way of this affidavit, learned counsel for the appellant has requested that he may be permitted to delete paragraph no.9 of the memo of appeal as well as the appearance of name of Hon'ble Single Judge referred in paragraph nos.7, 8, 11 and 16.
4. Permission, as prayed for, is granted.
5. Paragraph no.9 of the memo of appeal stands deleted.
6. Learned counsel for the appellant has also referred paragraph no.3 of the affidavit and submitted that he is tendering unqualified apology for the words used in paragraph no.9 of the aforesaid memo of appeal.
7. At the same time, learned counsel for the appellant further requested that he may be permitted to withdraw the present appeal.
8. Permission, as prayed for, is granted.
9. The appeal stands disposed of as withdrawn.
Patna High Court L.P.A No.744 of 2025(5) dt.21-08-2025 3/3
10. It is clarified that we have not examined the merits of the case of the appellant. Therefore, it is open for the appellant to file fresh appeal for the same subject matter. (Vipul M. Pancholi, CJ) (Partha Sarthy, J) Saurabh/avinash U