Shatrughan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39922 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Shatrughan Sahni, S/O- Late Haruni Sahni Resident Of Village - Dadar, P.S.- Ahiyapur, District - Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 10 litres of liquor from the petitioner's house. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the house is a joint family property and police in a mechanical manner implicated the petitioner without holding any inquiry as to whether the house belongs to the petitioner

Patna High Court CR. MISC. No.39922 of 2022(2) dt.25-08-2022 2/2 exclusively or not. It is next submitted that the petitioner came to be implicated based on secret information which is the easiest way to implicate a person.

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

Permission is accorded.

However, in the event, if the petitioner surrenders before the learned trial Court on or before 15.09.2022, then the learned trial Court shall, on the same day, dispose of the bail application keeping in mind that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he is a person with clean antecedent. Accordingly, instant petition is dismissed as withdrawn with the aforesaid observation.

(Satyavrat Verma, J) vikash/- U T