Ram Narayan Prasad @ Ramnarayan Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21452 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Ram Narayan Prasad @ Ramnarayan Prasad Gupta Son Of Heera Prasad R/O Village- Amara Talab, P.S.- Sasaram (MUFFASIL), District- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Section 7 of Essential Commodities Act. The prosecution allegation, in short, is that 412 bags of fertilizer were seized from the godown.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.21452 of 2021(2) dt.15-02-2022 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner has been a licensee dealer. So far as goods loaded on the truck is concerned, the petitioner has no concern with the same. So far as fertilizers found from the godown is concerned, it was validly purchased and sold by the petitioner under the licence issued by the authority.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to

Patna High Court CR. MISC. No.21452 of 2021(2) dt.15-02-2022 3/3 the satisfaction of learned S.D.J.M., Sasaram in connection with Sasaram (Muf) P.S. Case No. 252 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T