Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2703 of 2023 Arising Out of PS. Case No.-741 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Raja Babu, Son Of Uday Sah Resident Of Village- Baghi Jaisinghpur, P.S.- Turkauiya, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 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 Section 7 of the E. C. Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 45 bags of Urea Fertilizer from a pick-up van found near Urdu Primary School.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that he is not a dealer and came to be implicated merely because he is owner of the pick-up van. It is next

Patna High Court CR. MISC. No.2703 of 2023(2) dt.24-05-2023 2/2 submitted that the pick-up van is a commercial vehicle and petitioner was completely unaware that the same would be misused by the driver in the manner as alleged. It is further submitted that no businessman would bring his disrepute to his own business by indulging in such act.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sadar, Motihari, East Champaran in connection with Turkauliya P. S. Case No.741 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T