Anil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11751 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== Anil Sahni, aged about 25 years, Male, S/o Sri Ram Udit Sahni, R/o Village - Kudhani Naya Tola, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Verma, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-02-2019 The petitioner seeks bail in anticipation of his arrest in connection with Kudhani P.S. Case No. 258 of 2018, dated 02.06.2018, instituted for the offences under Sections 414/34 of the Indian Penal Code, Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

After some arguments, Mr. Jai Prakash Verma, the learned counsel for the petitioner seeks permission to

Patna High Court CR. MISC. No.11751 of 2019(2) dt.27-02-2019 2/2 withdraw this petition in order to enable the petitioner to surrender before the Court below and seek regular bail. The petition is, accordingly, dismissed as withdrawn.

In case, such a petition is filed before the Court below within a period of six weeks from today, the Court below shall take into account that the implication of the petitioner in the present case is only on the basis of confession of an arrested co-accused person and that nothing has been recovered from his possession/constructive possession and shall, thereafter, pass orders in accordance with the law, on its own merits, without being at all prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court. (Ashutosh Kumar, J) Praveen-II/- U T