Nagmani Prasad @ Choti Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5514 of 2024 Arising Out of PS. Case No.-341 Year-2021 Thana- CHANDI District- Nalanda ====================================================== Nagmani Prasad @ Choti Prasad Son of Kameshwar Prasad R/o VillageBahadurpur Post -Chandi P.S -Chandi District -Nalanda ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sikandar Ravidas son of Surendra Ravidas R/o village- Yogia, ThanaChandi, Dist- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Abhinav Alok, Advocate For the Respondent/s :

Ms.Usha Kumari 1, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-02-2025 Heard Mr.Abhinav Alok, learned counsel for the appellant and Ms.Usha Kumari 1, learned Spl.P.P. for the State.

2. Learned Spl.P.P. for the State has taken a preliminary objection with regard to maintainability of the present appeal on the ground that the learned court had taken cognizance in the present case on 24.06.2024 and in view of the provisions under the SC/ST Act, the present anticipatory bail is not maintainable.

3. Learned counsel for the appellant seeks permission to withdraw this appeal with liberty to the appellant to surrender before the learned court below within a period of two weeks from today and seek regular bail.

4. Permission is accorded.

Patna High Court CR. APP (SJ) No.5514 of 2024(5) dt.24-02-2025 2/2

5. The application is dismissed as withdrawn with the liberty that the appellant surrenders and seeks regular bail before the learned court below, the same shall be considered on the same day on its own merit in accordance with law and without being prejudiced by any observation in the present order and taking into consideration that earlier the police has submitted final form in favour of the appellant. (Rajesh Kumar Verma, J) Nitesh/- U T