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Patna High CourtCR. MISC./5216/2017withdrawn

Abrar Ahmad Khan @ Anwar Ahmad v. The State Of Bihar

2017-03-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5216 of 2017 Arising Out of PS.Case No. -189 Year- 2014 Thana -BAHERI District- DARBHANGA pending in the Court of CJM, Darbhanga.

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1. Abrar Ahmad Khan @ Anwar Ahmad, son of Late Ashfaque Ahmad Khan, Resident of Village- Kothiya, Police Station- Kamtaul, DistrictDarbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Zeyaul Hoda, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409/420 of the Indian Penal Code.

It appears that prayer for anticipatory bail of the petitioner was earlier refused by this Court in Cr. Misc. No.4893 of 2015 on 05.08.2015. This Court had specifically ordered that nothing in the rejection order will come in the way of the petitioner in surrendering before the learned Court-below and seeking regular bail. In spite of that the petitioner neither surrendered nor challenged the said order before any appellate

Patna High Court Cr.Misc. No.5216 of 2017 (2) dt.03-03-2017 2/2 authority.

In the aforesaid circumstances, this Court is inclined to dismiss this application with heavy cost. However, learned counsel for the petitioner prays to simply withdraw this application to surrender within ten days of this order. Hence, the prayer is allowed and this application stands dismissed as withdrawn.

(Birendra Kumar, J) Mkr./- U T