Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9481 of 2023 Arising Out of PS. Case No.-312 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Rakesh Kumar S/o Late Arbind Prasad, R/o Lachchu Chak, P.S.- Saksohra, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Warisaliganj P.S. Case No. 312 of 2021 dated 30.07.2021 lodged under Sections 419 and 420 of the I.P.C. and Sections 7(i)(a)(ii) of the Essential Commodities Act, 1955. As per the prosecution, the allegation of sections 419 and 420 of the I.P.C. alongwith violation of making black marketing of the Urea is there in the F.I.R.

Learned counsel for the petitioner submits that the case is out and out false and not correct. He further submits that the name of the petitioner has not figured in the F.I.R. any where

Patna High Court CR. MISC. No.9481 of 2023(2) dt.03-05-2023 2/2 but subsequently his name has figured in this case by virtue of a document which is being produced by the wife of accused Bhola Prasad and from the said document, it transpires that petitioner is the renter. Counsel further submits that the petitioner is in custody since 06.08.2022 having clean antecedent. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No. 312 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T