Petitioner sought permission to withdraw an anticipatory bail application previously deemed not maintainable by a single judge, granting liberty to approach the appropriate forum.
Permission granted to withdraw the application with liberty to seek remedy before the appropriate forum.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36982 of 2017
Arising Out of PS.Case No. -251 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI)
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Ajay Manjhi, son of Late Lichand Manjhi, resident of village-Jhakhra, P.S. Pipra Kothi, District-East Champaran.
The State of Bihar
.... .... Petitioner. Versus .... .... Opposite Party.
====================================================== Appearance : For the Petitioner : Mr. Bal Govind Sharma, Advocate. For the State : Mr. Amit Kumar Rakesh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 04-08-2017 Perused the office notes dated 02.08.2017.
Learned counsel for the petitioner submits that in view of the order dated 07.07.2017 passed in Criminal Misc. No.26109 of 2017 by a Bench of this Court, this application, under Section 438 of the Code of Criminal Procedure, is not maintainable and seeks permission to withdraw this application with a liberty to the petitioner to seek remedy before the appropriate forum.
Permission is accorded.
Accordingly, this application, which has been filed on behalf of the petitioner to grant him anticipatory bail in connection with Excise Case No.251 of 2016, pending in the court of the Chief Judicial Magistrate, East Champaran, Motihari, is dismissed as withdrawn with the aforesaid liberty granted to the petitioner.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether permission should be accorded to withdraw an application for anticipatory bail after a prior High Court order deemed it not maintainable?
1 provisions across 1 enactments
Ajay Manjhi
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
