Anand Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80329 of 2019 Arising Out of PS. Case No.-31 Year-2018 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Anand Kumar Bharti ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Jee Mishra, Advocate For the Opposite Party/s :

Mr. Amarendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 Perused the defects pointed out by the Stamp Reporter. According to which, the Stamp Reporter has pointed out that this petition either may be filed in quashing application or certified copy of bail rejection order, the learned Sessions Judge may be filed.

It appears from the perusal of the record that petitioner has moved for grant of anticipatory bail on the ground that he is ready to keep his wife with dignity and care and the learned Sessions Judge, vide order dated 23.04.2018 after considering the materials allowed the provisional bail of the petitioner for a period of two months, in the event of his arrest or surrender in the lower court.

It further appears that again the petitioner has moved before the Sessions Court in Criminal Misc. No. 133 of 2018 on

Patna High Court CR. MISC. No.80329 of 2019(2) dt.09-12-2019 2/2 the ground that in spite of approaching his wife, she is not ready to reside with him and as such, he could not furnish the bail bonds. Hence, he has prayed for bail, but appears that learned Sessions Judge, Gaya, vide order dated 25.07.2018 rejected his prayer and cancelled his provisional anticipatory bail. It has further been submitted on behalf of the appellant that he has filed quashing application against the order dated 25.07.2018 passed by the learned Sessions Judge, Gaya also as well as the present application for granting anticipatory bail also.

In view of that, petitioner has already moved before this Court by filing an application under Section 482 Cr.P.C. against the order dated 25.07.2018.

Let petitioner is permitted to withdraw this application to prays the quashing application filed by him. Accordingly, this application is dismissed as withdrawn with the above direction.

(Vinod Kumar Sinha, J) Sunil Shukla/- U