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Patna High CourtCR. MISC./63811/2018withdrawn

Deepak Kumar Mallick @ Deepak Mallick And ANR v. The State Of Bihar

2019-01-08Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63811 of 2018 Arising Out of PS. Case No.-466 Year-2018 Thana- KHAJANCHI HAT District- Purnia ======================================================

1. Deepak Kumar Mallic @ Deepak Mallick, S/o Sri Ashok Mallik @ Ashok Mehtar.

2. Shakti Mallick @ Shakti Kumar @ Shakti Mehtar, S/o Sri Ashok Mallik @ Ashok Mehtar, Both Resident of Village- Murgi Farm, P.S. K.Hat, DistrictPurnia. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 342 ,365, 504, 506,323/34 IPC registered in connection with K.Hat P.S. Case No. 466 of 2018.

3. It is submitted that as regards petitioner no. 1 charge sheet has not been submitted against him after investigation. As regards petitioner no. 2 charge sheet has been submitted only for bailable Sections. It is further stated that petitioner no. 2 has been complying with the notice under Section 41A Cr.P.C. and as such there is no apprehension of arrest in view of the decision of a co-ordinate Bench of this Court in the case of Gauri Shankar Roy vs The State of Bihar, 2015(3) PLJR, 618. Accordingly a prayer has been made to withdraw

Patna High Court Cr.Misc. No.63811 of 2018(3) dt.08-01-2019 2/2 the anticipatory bail petition with liberty to move afresh if occasion so arises.

4. The anticipatory bail petition stands dismissed with the aforesaid liberty.

Chandran/- (Vikash Jain, J) U T