Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3730 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== 1.

SAURABH KUMAR Son of Mahendra Prasad Resident of Village- Fatepur, P.S.- Fatehpur, Districct- Gaya.

2.

Pankaj Kumar Son of Mahendra Prasad Resident of Village- Fatepur, P.S.- Fatehpur, Districct- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379 and 420/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act, 1955.

According to the prosecution case, ten bags of rice was loaded on the tempo which was caught by the police and handed over to the police.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the petitioner no.1 is owner of the tempo

Patna High Court CR. MISC. No.3730 of 2022(2) dt.14-06-2022 2/2 and petitioner no.2 is the driver of the said tempo and they have no concern with the PDS dealer of the seized rice. Petitioners have got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Gaya in connection with Fatehpur P.S. Case No. 258 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T