Raj Kumar Sah @ Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2687 of 2023 Arising Out of PS. Case No.-708 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Raj Kumar Sah @ Rajan Kumar Son Of Sri Madholal Sah @ Madhav Lal Sah Resident Of Village- Kukura, Ward No.-02, P.S.- Shikarpur, District- West 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 ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420/34 of the Indian Penal Code and Section 7 of the Fertilizer Control Order, 1985 and Section 7(1)(a)(ii) of the Essencial Commodities Act, 1955.

Allegation against the petitioner is that 35 bags of Urea were recovered from the veranda of the house of the petitioner out of which 17 bags belong to the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.2687 of 2023(2) dt.09-02-2023 2/2 specific rather general and omnibus in nature. He also submits that the petitioner has no criminal antecedent as mentioned in para-3 of this application. He further submits that the alleged bags have not been recovered from the conscious possession of the petitioner and the same having been found kept by the road side in front of the house of the petitioner, and therefore the same were suspected to have been kept by the petitioner. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Shikarpur P.S. Case No. 708 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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