Sanjay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12928 of 2021 Arising Out of PS. Case No.-76 Year-2018 Thana- BARHARA KOTHI District- Purnia ====================================================== SANJAY KUMAR MANDAL Son of Late Dashrath Mandal Resident of Village - Basudevpur, Laxmipur, P.S.- Barhara, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 420 and 34 of the Indian Penal Code and 7 of the Essential Commodities Act.

The prosecution case in short is that the accused persons were found involved in the black marketing of rice meant for P.D.S.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.12928 of 2021(2) dt.26-11-2021 2/2 present case. The petitioner is not named in the F.I.R. 45 bags of 50 kg each containing food grains was recovered from pick up van. The name of the petitioner has transpired in this case as he is the husband of the P.D.S. Dealer. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned S.D.J.M., Purnea in connection with Barhara (Raghbansnagar) P.S. Case No. 76 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T