Sunil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.434 of 2024 Arising Out of PS. Case No.-23 Year-2015 Thana- GAIGHAT District- Muzaffarpur ====================================================== SUNIL SAHANI S/O INDAL SAHANI R/O VILLAGE- LOHBANDRA, P.S- GAIGHAT, DISTT.- MUZAFFARPUR.

... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Tipuuddin Khan, Advocate For the Respondent/s :

Km. Shashi Bala Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI) 20-11-2024 Heard Mr. Tipuuddin Khan, learned Advocate for the appellant and Km. Shashi Bala Verma, learned APP for the Respondent-State.

2. Learned Advocate for the appellant, at the outset, submitted that he has filed this appeal on behalf of the appellant, who is in custody since more than nine years, and he is appearing on behalf of the Patna High Court Legal Services Committee, Patna. It is pointed out that the Secretary, District Legal Services Authority, Muzaffarpur, wrote a letter to the Secretary of the Patna High Court Legal Services Committee, Patna, for filing of the appeal and, therefore, the present appeal has been filed. However, after the present appeal has been filed,

Patna High Court CR. APP (DB) No.434 of 2024(3) dt.20-11-2024 2/2 on the basis of the defect pointed out by the Stamp Reporter, he came to know that earlier, the present appellant had filed Cr. Appeal (DB) No. 671 of 2016 challenging the very same impugned judgment and order and the Division Bench of this Court vide order dated 06.01.2018 dismissed the Cr. Appeal (DB) No.671 of 2016 filed by the appellant on merits. However, at the relevant point of time, when the present appeal has been filed, the said fact was not pointed out to him.

3. Learned Advocate for the appellant, therefore, seeks permission to withdraw the present appeal.

4. Permission, as prayed for, is granted.

5. Accordingly, the present appeal stands dismissed as withdrawn.

6. In view of the aforesaid order passed in the Cr. Appeal, no order is required to be passed in I.A. No.01 of 2024. (Vipul M. Pancholi, J) ( Dr. Anshuman, J) GKS/- U T