Sumit Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6022 of 2023 Arising Out of PS. Case No.-56 Year-2018 Thana- KORANSARAI District- Buxar ====================================================== SUMIT GUPTA Son of Late Gopal Sah @ Late Gopalji Sah Resident of Village- Koransarai, P.S.- Koransarai in the district of Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Koransarai P.S. Case No.56 of 2018, registered for the offences punishable under Section 7 of the Essential Commodities Act and Sections 4/6 of the L.P.G. Regulation of Supply & Distribution Act, 2000.

The accusation against the petitioner is of utilizing 02 subsidized L.P.G. Indian domestic gas cylinder weight 14.2 Kg. for commercial purpose in the business premises M/s Vishnu Sweet and snacks.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got two

Patna High Court CR. MISC. No.6022 of 2023(2) dt.11-04-2023 2/2 criminal antecedents as stated in paragraph-3 of the bail petition. It is further submitted that house of the brother and aunt of the petitioner is situated in a narrow lane where the gas vendor does not reach, so the petitioner used to refill/exchange his gas cylinder on the main road near his shop.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar in connection with Koransarai P.S. Case No.56 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T