Somnath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13091 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== Somnath Sah Son of Late Kedar Sah Resident of Village - Gosai Tola Ward No.6, P.S.- Murliganj, Distt.- madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Wasi Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Murliganj P.S. Case No. 21 of 2019 dated 16.01.2019 instituted for the offence under Section 30(a) of the Bihar Excise Act, 2016.

After some arguments, Mr. Wasi Ahmad Khan, learned advocate for the petitioner seeks permission to withdraw the present anticipatory bail petition in order to enable the petitioner to surrender before the court below and seek bail.

Should such an application be filed, the court below shall take into account that there has not been any recovery either from the possession/constructive possession of the petitioner and his implication is only on

Patna High Court CR. MISC. No.13091 of 2019(2) dt.06-03-2019 2/2 the basis that he is alleged to have run away from the place from where there has been recovery, and shall pass orders in accordance with law without being prejudiced by the fact that the present petition has not been entertained.

Dismissed as withdrawn with the liberty aforesaid.

(Ashutosh Kumar, J) krishna/- U T