Durga Kumar @ Durga Prasad @ Durga Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10819 of 2022 Arising Out of PS. Case No.-124 Year-2021 Thana- SACHIVALAYA District- Patna ====================================================== DURGA KUMAR @ DURGA PRASAD @ DURGA SAW SON OF RAM ISHWAR SAO R/O MOHLLA- NALANDA COLONY AKASHWANI ROAD NEAR APARJITA KHAJPURA, B.V.COLLAGE, P.S.- RAJIV NAGAR, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Pandey For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sachiwalaya P.S. Case no. 124 of 2021 instituted for the offence punishable under Section 7 of the Essential Commodities Act, 1955.

Prosecution case relates to storage of 460 litres K. oil in a bush for black marketing by the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Name of the petitioner has been disclosed in this case by co-accused Jitendra Rajak before the police, which has got

Patna High Court CR. MISC. No.10819 of 2022(3) dt.24-08-2022 2/2 no evidentiary value in the eye of law.

Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner is a habitual offender and three cases are pending against him out of which two are of similar nature.

Having heard learned counsel for the parties and taking into consideration that petitioner is in habit of blackmarketing the K. Oil and two cases of similar nature are pending against him, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.

The application stands disposed off.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U