Court permitted withdrawal of a criminal miscellaneous petition mistakenly filed as an anticipatory bail application under the SC/ST Act, dismissing the petition as withdrawn and directing removal of defects pointed out by the Stamp Reporter.
Permission granted to withdraw the anticipatory bail petition; defects to be removed within one month.
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.51902 of 2022
Arising Out of PS. Case No.-30 Year-2022 Thana- MAHILA P.S. District- Araria
======================================================
GOPAL BAHARDAR S/o Prasadi Bahardar Resident of Village- Rahikpur, P.S.- Jokihat, Dist- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ramesh Kumar Singh For the Opposite Party/s : Ms.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 20-01-2023
Learned counsel for the petitioner is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
The learned counsel for the petitioner has submitted that instead of filing criminal appeal, this criminal miscellaneous petition has mistakenly been filed, as the matter relates to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As such, he seeks permission to withdraw this anticipatory bail petition.
Permission is granted. The anticipatory bail petition is dismissed as withdrawn.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove,
Patna High Court CR. MISC. No.51902 of 2022(2) dt.20-01-2023 2/2
failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
kundan/-Nirmal U T
1 issue framed by the court
Whether permission should be granted to withdraw a mistakenly filed criminal miscellaneous petition that was intended to be an anticipatory bail petition under the Scheduled Castes and Scheduled Tribe
1 provisions across 1 enactments
Gopal Bahardar
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
