Rajiv Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15029 of 2021 Arising Out of PS. Case No.-340 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== RAJIV RANJAN Son of Prakash Choudhary Resident of Mohalla - Ishakchak, P.S.- Ishachak, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Preety Kunwar, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. 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 defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Jagdishpur P.S. case No.340 of 2019 registered under Section 7 of the Essential Commodities Act.
Allegation is that the informant stopped the truck, on which 500 bags of wheat was loaded and six men came on two
Patna High Court CR. MISC. No.15029 of 2021(2) dt.04-01-2022 2/3 motorcycles and manhandled the informant.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is said to be the owner of the truck in question. The wheat in question is being claimed to be of the F.C.I. merely on the basis that the bags contain mark of F.C.I. It has further been submitted on behalf of the petitioner that the F.C.I. bags are recycled in the market and it is used by the common man including the cultivators. Merely mark on the bags of F.C.I. does not mean that the wheat in the bags belongs to the F.C.I.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in
Patna High Court CR. MISC. No.15029 of 2021(2) dt.04-01-2022 3/3 covid cases.
Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned C.J.M., Bhagalpur in connection with Jagdishpur P.S. case No.340 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T