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Patna High CourtCR. MISC./20218/2018withdrawn

Mukesh Mahto v. The State Of Bihar

2018-04-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20218 of 2018 Arising Out of PS. Case No.-26 Year-2010 Thana- GARAUL District- Vaishali ====================================================== Mukesh Mahto S/o Yogendra Mahto Resident of Village - Harsher, P.S. - Goraul, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Goraul P.S.Case No. 26 of 2010 corresponding to the G.R. No. 577 of 2010, registered for offences punishable under Sections 147, 149, 341, 323, 324, 354, 307, 504 and 379 of the Indian Penal Code and later on Section 302 of the Indian Penal Code has been added.

Submission of the learned counsel for the petitioner is that the petitioner has earlier moved before this Court for Anticipatory bail but the petition was dismissed on account of non-prosecution by a Co-ordinate Bench of this Court vide order dated 21.12.2010 in Cr. Misc. No. 31314/2010 and there is nothing specific against the petitioner.

However, the learned counsel for the petitioner seeks

Patna High Court Cr.Misc. No.20218 of 2018(2) dt.12-04-2018 2/2 permission to withdraw the petition for Anticipatory bail. Permission is accorded.

The application is accordingly dismissed as withdrawn.

However, it is made clear that the permission is granted to withdraw the petition with a direction to the petitioner that if the petitioner surrenders before the Court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.

This application is accordingly disposed of . (Vinod Kumar Sinha, J) sudha/- U T