Dipendra Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70032 of 2024 Arising out of PS. Case No.-55 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== Dipendra Kumar Choudhary, Son of Lakshman Choudhary, R/o VillageGobraura, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

2. Learned counsel for the informant at the outset has pointed out that the case which was registered, i.e., Khajauli P.S. Case No. 55 of 2024, in which the bail application has been filed, apart from Sections 302, 201, 120(b) of the Indian Penal Code which have been stated in the petition, Sections 3(2)(v), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are also there in the chargesheet submitted by the police.

3. In view of such submissions, the present bail application which has been filed under Sections 439 and 440 Cr.P.C. seems to be not maintainable.

Patna High Court CR. MISC. No.70032 of 2024(6) dt.02-05-2025 2/2

4. Learned counsel for the petitioner is granted liberty to withdraw the same and file fresh appeal under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioner is further granted liberty to avail the facility of certified copy of impugned order and Vakalatnama attached with the present petition. The Office is directed to assist the learned counsel for the petitioner in providing the certified copy of impugned order and Vakalatnama to enable him in filing appeal under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. With the aforesaid observations, the present bail application stands disposed of as withdrawn treating it to be not maintainable.

(Sourendra Pandey, J) Vikash/- U T