Biswajit Kumar Pandey @ Lalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3642 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== Biswajit Kumar Pandey @ Lalu Kumar S/O Vijay Kumar Pandey, R/O- Sadar Gali, Kali Mandir, P.S.- Khajekala, Distt.- Patna. ... ... Appellant/s

Versus

The State Of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rabindra Prasad Singh, Advocate For the Respondent/s :

Ms. Abha Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 19-02-2024 The present appeal has been filed by the appellant impugning the order dated 20.06.2023 passed by Ld. J.J.B, Patna in J.J.B. Case No. 78 of 2023 arising out of Khajekala P.S. Case No. 223 of 2022 dated 19.07.2022, whereby the application of the appellant was rejected for releasing him on bail. However, the appellant realized that he has approached wrong forum, because appeal against such order of J.J.B. lies before Children Court.

2. Hence, he filed mentioning slip for permission to withdraw the present appeal. However, he could not get this appeal withdrawn.

3. In the meantime, he approached Ld. Children Court, which, by the order dated 01.12.2023, dismissed the appeal of the appellant denying enlargement of the appellant on

Patna High Court CR. APP (SJ) No.3642 of 2023(6) dt.19-02-2024 2/2 bail.

4. Now, Ld. counsel for the appellant is seeking permission to withdraw the present appeal, so that he can avail remedy as per law against the order dated 01.12.2023 passed by Ld. Children Court.

5. Accordingly, the present appeal stands dismissed as withdrawn with liberty to the appellant to take legal remedy as advised, against the order dated 01.12.2023 passed by Ld. Children Court, Patna in Criminal Appeal No. 165 of 2023. (Jitendra Kumar, J.) Shoaib/ RavishankarU T