Awdhesh Kumar @ Abhinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10678 of 2024 Arising Out of PS. Case No.-332 Year-2021 Thana- DARAUNDA District- Siwan ====================================================== Awdhesh Kumar @ Abhinash Kumar son of Raghunath Prasad VillageKangali Chhapra Ps- Daraundha Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Prem Sheela Pandey For the Opposite Party/s :

Mr. Arun Kumar Mr. Bijay Prakash Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-09-2024 This is an application for quashing of the order dated 17.08.2023 passed in Daraundha P.S. Case No. 332 of 2021 by the learned Judicial Magistrate, Siwan by which cognizance has been taken against the petitioner under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

2. Learned senior counsel for the petitioners; Shri Yogesh Chandra Verma after vehemently arguing the case, seeks permission to withdraw this application to raise all the grounds at the stage of framing of charge.

3. Permission is accorded.

4. If any such application is filed before the Court below, the Trial Court will consider the same in accordance with the law and in light of the law laid down by the Hon'ble

Patna High Court CR. MISC. No.10678 of 2024(2) dt.10-09-2024 2/2 Supreme Court in the case of Kanchan Kumar V/s State of Bihar; (2022) 9 SCC 577.

5. With the aforesaid observation and direction, this application is disposed of as withdrawn.

(Sandeep Kumar, J) Shishir/- U T