Patna High CourtCR. MISC./10340/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-04-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10340 of 2023 Arising Out of PS. Case No.-202 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== DEEPAK KUMAR S/o Vinay Kumar Tanti @ Vinay Kumar Mandal R/o Village- Meharma, Ward no. 2, P.S.- Meharma, Distt- Godda (Jhakhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Pirpainty P.S. Case No. 202 of 2021, registered for the offences punishable under Section 7 of the Essential Commodities Act, 1955.

The learned counsel for the petitioner has submitted that the petitioner is merely driver of the pick-up van, wherefrom 39.70 quintal of rice was recovered. He has submitted further that the rice does not belong to the petitioner, rather one Rakesh Kumar has claimed that it belongs to him. The petitioner is a person of clean antecedent and under custody since 29.11.2022.

Patna High Court CR. MISC. No.10340 of 2023(4) dt.12-04-2023 2/2 on the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Pirpainty P.S. Case No. 202 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T