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Patna High CourtCR. MISC./22481/2021allowed

Santosh Kumar Soni @ Santosh Prasad v. The State Of Bihar

2022-01-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22481 of 2021 Arising Out of PS. Case No.-71 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Santosh Kumar Soni @ Santosh Prasad Son Of Late Gulab Saw @ Gulab Saw Soni R/O - Janta Shiv Mandir, Chouthai Culhi, P.S.- Jharia, DistrictDhanbad. 2.

Prakash Kumar Son Of Mahendra Prasad Verma R/O - Chouthai Culhi, Jharia, P.S.- Jharia, District- Dhanbad.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Pankaj Kumar, Advocate For the Opposite Party :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-01-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Sabour P.S. Case No.71 of 2020 registered for offences under Section 7 of the Essential Commodities Act, 1955. With regard to the alleged recovery, the petitioners have annexed some documents vide Annexure-2.

It is submitted on behalf of the petitioners that they are transporting agent and nothing has to do with the alleged recovery.

Petitioners are directed to join the investigation of the case and produce the documents (Annexure-2) before the

Patna High Court CR. MISC. No.22481 of 2021(3) dt.11-01-2022 2/2 Investigating Officer, who shall verify the truthfulness of the documents and if the I.O. comes to a finding that the documents are genuine then the petitioner, in the event of his arrest or surrender within eight weeks from today, shall be released on on provisional bail, till verification of the documents, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No.71 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The process of verification of the documents must be completed by the Investigating Officer within a period of six weeks and the petitioner shall join with the investigation and shall produce the aforesaid documents (Annexure-2). If the documents are found forged, provisional bail granted to the petitioners shall automatically stand cancelled and the petitioners shall be taken into custody.

With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) BT/- U T