Shravan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5849 of 2019 Arising Out of PS. Case No.-248 Year-2018 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== SHRAVAN PRASAD, son of Ram Chandra Prasad, r/o. Vill. Kusheshwar Asthan, P.S. Kusheshwar Asthan, District Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Sharma For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 7 of the E.C. Act registered in connection with Kusheshwar Asthan P.S. Case No. 248 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the customers of the petitioner, who runs a grocery shop used to keep their LPG cylinders at his shop temporarily while they attended to their other marketing. The concerned customers have filed a joint petition to that effect in course of investigation. There is a delay of two days in instituting the FIR on 17.10.2018 for the alleged occurrence of 15.10.2018. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Benipur at Darbhanga, in connection with Kusheshwar Asthan P.S. Case No. 248 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further

Patna High Court Cr.Misc. No.5849 of 2019(2) dt.07-02-2019 2/2 conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T