Nandu Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3969 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- GAUNAHA District- West Champaran ====================================================== 1.
Nandu Mukhiya Son Of Amar Mukhiya Resident Of Village- Shepur, PsMatiyaria, Distt- West Champaran 2.
Prasad Yadav @ Ram Prasad Yadav Son Of Late Naheshwar Yadav @ Late Nagaesh Yadav Resident Of Village- Shepur, Ps- Matiyaria, Distt- West Champaran 3.
Chandeshwar Mahto Son Of Ramnath Mahto Resident Of Village- Shepur, Ps- Matiyaria, Distt- West Champaran ... ... Appellant/s
Versus
1.
The State Of Bihar 2.
Vijay Kumar Son Of Mankeshwar Paswan Resident Of Village- Parwaha, Ps- Balua Bazar, Distt- Supaul, Presently Posted As Forester (vanpal), Pidari-Cum-Sirisiya Range, Gobardhana Forest Range, Gobardhana, DisttWest Champaran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjeev Kumar, Advocate For the Respondent/s :
Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2025 At the outset, learned counsel for the appellants seeks permission to withdraw this anticipatory bail appeal with regard to appellant Nos. 1 & 2 as they have already been arrested during pendency of the case.
2. Permission is granted.
3. This anticipatory bail appeal is, accordingly, dismissed as withdrawn with regard to appellant Nos. 1 & 2.
4. After some argument, learned counsel for the appellants seeks permission to withdraw this appeal with regard
Patna High Court CR. APP (SJ) No.3969 of 2023(4) dt.30-01-2025 2/2 to appellant No. 3 as well, granting him liberty to surrender before the court below and make a prayer for regular bail.
5. Permission is accorded. This appeal stands dismissed as withdrawn regard to appellant No. 3.
6. However, if appellant No. 3 surrenders before the court below within a period of eight weeks from today and prays for regular bail, the learned court below, without being prejudiced by this order, shall examine the same on its own merit and pass appropriate order in accordance with law. (Prabhat Kumar Singh, J) Navya/- U T