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Patna High CourtCR. MISC./19589/2016withdrawn

Rajendra Yadav @ Ram Tahal Yadav v. The State Of Bihar

2016-08-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19589 of 2016 Arising Out of PS.Case No. -415 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Rajendra Yadav @ Ram Tahal Yadav S/o Nitya Nand Yadav, Resident of Village- Aahok Ghat, P.S.- Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai, Adv. For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2016 Heard both sides.

It is submitted that petitioner is not named in the F.I.R. Petitioner Rajendra Yadav is the son of Nitya Nand Yadav. The informant named Rajendra Yadav son of late Pyari Yadav. Deceased is the uncle of the petitioner. Cousin of the petitioner lodged the case making allegation against the accused persons, but the Investigating Officer in collusion with the accused persons dragged petitioner into this case. The informant filed protest petition, but the petitioner is not named therein. It appears that learned counsel for the petitioner has not taken plea that petitioner is not named in the F.I.R. before the learned Sessions Judge, Begusarai and on such Mr. Ram Sumiran Rai learned counsel for the petitioner seeks permission to

Patna High Court Cr.Misc. No.19589 of 2016 (4) dt.11-08-2016 2/2 withdraw this anticipatory bail petition so that the petitioner may again move for anticipatory bail before the Sessions Judge, Begusarai bringing the facts that petitioner is neither named in the F.I.R. nor his name appears in the protest petition. Prayer is allowed. This anticipatory bail petition is dismissed as withdrawn with a liberty to file a fresh anticipatory bail petition before the Sessions Judge, Begusarai. (Prabhat Kumar Jha, J.) Vinita/- U T