The High Court allowed withdrawal of the bail application filed by three petitioners. It granted liberty to them to surrender before the trial court within a fortnight to file a regular bail application.
Permission to withdraw the bail application with liberty to surrender to the court below within a fortnight for regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7993 of 2014
.... .... Petitioner/s Versus .... .... Opposite Party/s
The State of Bihar
====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER
3 23-06-2014 Heard the parties.
It is submitted by learned counsel appearing on behalf
of the petitioners that petitioner no. 2, namely, Manoj Rai, has
already been arrested by the police. Hence, this application with
respect to petitioner no. 2 become infructuous, accordingly, stands
disposed of.
The remaining petitioner nos. 1, 3 and 4 are
apprehending their arrest in connection with Khagaria (Mufasil)
P.S. Case No. 558 of 2013 registered for the offence punishable
under Section 302/34 of the Indian Penal Code, pending before
Chief Judicial Magistrate, Khagaria.
After some arguments, taking into consideration
disposal of bail application of co-accused, namely, Pappu Rai,
vide order dated 19.03.2014 passed in Cr. Misc. No. 1023 of 2014,
learned counsel for the petitioners seeks permission to withdraw
Patna High Court Cr.Misc. No.7993 of 2014 (3) dt.23-06-2014
2/2
this application with respect to abovenamed petitioner nos. 1, 3 and 4 with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, which shall be considered on its own merit.
Permission is granted.
Accordingly, this application with respect to petitioner nos. 1, 3 and 4 stands disposed of as withdrawn.
Let this order be communicated to the court
aforementioned through FAX at the cost of the petitioners.
(Akhilesh Chandra, J)
Praveen-II/-
1 issue framed by the court
Whether permission under Order IX Rule 1 of the Code of Criminal Procedure should be granted to withdraw the bail application and subsequently submit a fresh bail application.
1 provisions across 1 enactments
Lalan Rai
Manoj Rai
Pravesh Rai
Rajesh Kumar @ Rajesh Rai @ Rajuli
The State of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
