← Library
Patna High CourtCR. MISC./73708/2022dismissed

Navin Kumar Sah @ Sanjay Sah @ Navin Kumar Singh v. The State Of Bihar

2023-07-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73708 of 2022 Arising Out of PS. Case No.-185 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== NAVIN KUMAR SAH @ SANJAY SAH @ NAVIN KUMAR SINGH S/O ASHOK KUMAR SAH Resident of village- Bhagwanpur, Chaksekhu, Ward No- 5, P.S.- Dalsinghsarai, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Achintya Anand, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2023 Heard learned counsel for the parties.

This application has been filed for quashing of the order dated 20.02.2021 passed by learned Additional District and Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with Dalsinghsarai P.S. Case No. 185 of 2020, by which, learned Judge has taken cognizance under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The name of the petitioner has come during investigation. The petitioner wants this Court to quash the order taking cognizance on the basis of the defence materials which this Court will not examine at the stage. The defence materials will be examined by the trial Court at the stage of framing of charge.

The petitioner is given liberty to file an application for discharge. If such an application is filed, the trial Court will dispose of the same, in accordance with law.

Patna High Court CR. MISC. No.73708 of 2022(2) dt.31-07-2023 2/2 With the aforesaid observations and directions, this application is dismissed.

(Sandeep Kumar, J) Guddu/- U T