Gopal Saha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65752 of 2022 Arising Out of PS. Case No.-356 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Gopal Saha Son Of Jogen Saha R/O Village- Samar Nagar, Chanpasari, Near Sai Health Center, Siliguri, P.O. And P.S.- Pradhan Nagar, DistrictDarjeeling, West Bengal 2.

Pradip Saha Son Of Jogan Saha R/O Village- Samar Nagar, Battala, VicKalkuta (CT), P.O. And P.S.- Pradhan Nagar, District- Darjeeling, West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 Earlier, this bail application with regard to petitioner no.2 was dismissed as withdrawn.

Now, this application survives with respect to petitioner no.1 only.

Heard learned counsel for the petitioner no.1 and learned APP for the State.

The petitioner is apprehending his arrest in connection with Phulparas P.S. Case No. 356/2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act pending in the learned court below. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application.

Patna High Court CR. MISC. No.65752 of 2022(6) dt.05-04-2023 2/2 Permission is granted.

Accordingly, the instant application is dismissed as withdrawn.

However, if the petitioner no.1 surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

(Anjani Kumar Sharan, J) ajay/- U T