Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10714 of 2024 Arising Out of PS. Case No.-693 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Sanjeev Kumar son of Late Ayodhya Sharma Village- Gaura Jagdishpur PsNaubatpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Ms. Diksha Kumari, Adv For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 409, 420 of the Indian Penal Code and Section 7 of the EC Act.

3. The allegation against the petitioner is that he is involved in the black marketing of Government's property (supply of food grains) in huge quantity.

4. It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submits that petitioner is not a PDS dealer. Petitioner runs his Aatta Mill in the name of Bajrang Aatta Mill. Petitioner purchased the supplies from an e-auction sale and after purchase, the

Patna High Court CR. MISC. No.10714 of 2024(2) dt.22-02-2024 2/2 purchaser may sell the wheat/aatta in an open market at the market rate. He further submits that the petitioner had applied for total 150 quintal but has got only 87 quintals from the auction. He further submits that all the necessary documents are enclosed with the bail application. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering that there is no allegation against the petitioner that he is a PDS dealer, let the above named petitioner, be released on bail, in the event of his/her 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 Naubatpur P.S. Case No.693 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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