Vidya Nand Singh And ANR v. State Of Bihar And ANR

Patna High Court CR. APP (SJ) No.1180 of 2016 (6) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1180 of 2016 Arising Out of PS.Case No. -2034 Year- 2013 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ======================================================

1. VIDYA NAND SINGH SON OF RAM JIVAN SINGH, RESIDENT OF VILLAGE-PHULARI, P.S.-SANDESH, DISTRICT-BHOJPUR.

2. RAJ KUMAR MAHTO @ RAJ KUMAR, SON OF LATE AKSHAY MAHTO, RESIDENT OF VILLAGE-MUDAFARPUR, P.S.-SAHAR, DISTRICT-BHOJPUR.

.... .... APPELLANT/S

VERSUS

1. THE STATE OF BIHAR.

2. SURYA DEYAL RAM, SON OF LATE SUGAMBAR RAM, RESIDENT OF VILLAGE-PHULARI, P.S.-SANDESH, DISTRICTBHOJPUR. .... .... RESPONDENT/S ====================================================== Appearance:

For the Appellant/s : Mr. Ravindra Kumar, Adv. For the Respondent/s : Mr. Sri Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 16-03-2017 After some argument, learned counsel for the appellants seeks withdrawal of instant petition in view of principle decided by the Hon'ble Apex Court in Bachu Das vs. State of Bihar & Ors. reported in (2014) 3 SCC 471.

Accordingly, dismissed as withdrawn.

However, it is made clear that in case of surrender at the end of the appellant, learned lower court will not found prejudiced by the instant order while appreciating the merit of the case.

(Aditya Kumar Trivedi, J) Prakash Narayan U T