Sanjay Sahani @ Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38580 of 2022 Arising Out of PS. Case No.-766 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== SANJAY SAHANI @ SANJAY CHAUDHARY SON OF OKIL SAHANI R/O VILLAGE- MAJHARIYA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 36 and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 454.68 liters of liquor from the shop of the petitioner and Santosh.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is further submitted that though the shop belongs to the petitioner but the

Patna High Court CR. MISC. No.38580 of 2022(2) dt.03-11-2022 2/2 same was run by Santosh Sahni and the petitioner came to be implicated merely because he is owner of the shop based on mechanical investigation conducted by the police. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

At this stage, the learned counsel seeks permission to withdraw the anticipatory bail application.

Permission is accorded.

In the event, if the petitioner surrenders on or before 24.11.2022, the learned trial Court shall try to dispose of the case on the same day if possible.

(Satyavrat Verma, J) GauravSinha/- U T