Fahim @ Md. Fahid @ Md. Fahim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70482 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Fahim @ Md. Fahid @ Md. Fahim Son Of Md. Ali Ahad @ Ali Ahmad Resident Of Village- Bakarganj,Ward No. 40, Ps- Laheriasarai, DisttDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate Mr. Saurav Anand Mr. Sumit Jha For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-08-2024 This is an application for quashing of the impugned order dated 10.05.2023 passed in Lehariasarai P.S. Case No. 102 of 2023 corresponding to G.O. Case No. 762 of 2023 passed by the learned Special Judge, Excise Act-II, Darbhanga by which cognizance has been taken against the petitioner.

2. After some argument, learned counsel for the petitioner seeks permission to withdraw this application with liberty to raise all the points at an appropriate stage i.e. at the stage of framing of charge

3. If any such application is filed by the petitioner in the court below, the same shall be considered by the court below in view of the law laid down by the Hon'ble Supreme Court in

Patna High Court CR. MISC. No.70482 of 2023(2) dt.20-08-2024 2/2 the case of Kanchan Kumar V/s State of Bihar; (2022) 9 SCC 577.

4. Accordingly, this application is dismissed as withdrawn with the aforesaid liberty to the petitioner. (Sandeep Kumar, J) Shishir/- U T