Patna High CourtCR. MISC./7521/2019rejected

Pankaj Kumar Sah @ Pankaj Kumar v. The State Of Bihar And ANR

2019-02-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7521 of 2019 Arising Out of PS. Case No.-400 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Pankaj Kumar Sah @ Pankaj Kumar, S/o Prem Sah, Resident of Bhikhari Ghat, P.S. Alauli, District Khagaria.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Sri Ajay Kumar, S/o Sri Mahendra Prasad Singh, Block Supply Officer, Alauli Block, P.S. Alauli, District Khagaria.

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-02-2019 Heard both sides.

Petitioner apprehends his arrest in Alauli P.S. Case No.400 of 2018 registered under Section 7 of the E.C. Act. The Block Supply Officer has alleged that on 13.11.2018 one Tapaswee Yadav informed him that the petitioner was carrying K. Oil in two containers on his motorcycle and on such information, the informant went there to verify the information. It was found that the petitioner, Pankaj Kumar had fled away from there but his motorcycle along with the containers containing 75 litres of subsidized K. Oil was seized.

Learned counsel for the petitioner submits that the petitioner has got enmity with Tapaswee Yadav. He had gone to

Patna High Court Cr.Misc. No.7521 of 2019(2) dt.08-02-2019 2/2 the village and Tapaswee Yadav apprehended the petitioner with his motorcycle. The containers were transplanted but it appears from the facts and the allegation that it was petitioner who was carrying two containers containing 75 litres of K. Oil on his motorcycle although the petitioner fled away but the motorcycle and the K. Oil were seized.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T