Petitioner, a cancer patient, sought permission to withdraw current application enabling him to file a separate bail petition before the Trial Court considering co-accused relief.
Application permitted to be withdrawn with liberty to file separate bail application in trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54120 of 2015
Arising Out of PS.Case No. -173 Year- 2012 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. KAMLESH SAH @ KAMLESH SAW Son of Sone Lal Sao Resident of Banjhula, P.S. - Chakia, District - East Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Kumar Singh For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 16-12-2015 Heard the Counsel for the petitioner and the APP for the State. After some arguments, Counsel for the petitioner sought permission of the Court to withdraw this application enabling him to surrender and pray for bail in the Court below considering the fact that he is a patient of cancer and one of the co-accused having severe allegation has been released on anticipatory bail. The application is permitted to be withdrawn with the said liberty. It is made clear that in case he surrenders and prays for bail, the Trial Court shall consider his case on its own merit uninfluenced by the present order.
(Kishore Kumar Mandal, J)
Pankaj/U
1 issue framed by the court
Whether the petitioner is permitted to withdraw the present criminal miscellaneous application with liberty to approach the Trial Court for bail.
Kamlesh Sah @ Kamlesh Saw
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
