Vivekanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9763 of 2022 Arising Out of PS. Case No.-173 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Vivekanand Sharma Son of Nawal Kishore Singh Resident of Village - Aanti, P.s.- Nawada (Kadirganj O.P), Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Muffasil P.S. Case No. 173 of 2021, registered for the offences punishable under Sections 409, 420/34 of the Indian Penal Code. As per the prosecution case, on 23.06.2021 one truck bearing registration no. NL01AF-9533 was seized loaded with paddy at Gurmaha Private Godown under Aanti PACS. FIR was instituted against driver, owner of the said truck and Chairman Aanti PACS. On being asked they did not produce the relevant document at the time of seizure. It is alleged that petitioner is carrying paddy in the said vehicle without having valid license. It is submitted that petitioner has been falsely implicated in this case due to political rivalry. This case has

Patna High Court CR. MISC. No.9763 of 2022(2) dt.08-08-2022 2/2 been lodged only on suspicion. As the petitioner (Chairman PACS) could not produce the paper of vehicle in question, the FIR was lodged against him and two others. Later on challan including other documents were produced by the petitioner. Petitioner is neither driver nor owner of vehicle in question and claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Muffasil P.S. Case No. 173 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T